SPECIAL FEATURES

CARLYX LIFESTYLE MAGAZINE

CARLYX GROUP

CARLYX LIFESTYLE MAGAZINE

FASHION & BEAUTY

CARLYX GROUP

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SPECIAL EVENTS FOR MEMBERS

CARLYX GROUP

LIVING THE DREAM

LIFESTYLE AND TRAVEL

CARLYX GROUP

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SPECIAL EVENTS FOR MEMBERS

CARLYX GROUP

LEGAL NOTICES & CONSUMER RIGHTS

Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Carlyx web site located at www.carlyx.com, and all associated sites linked to www.carlyx.com by Carlyx, its subsidiaries and affiliates, including Carlyx sites around the world (collectively, the “Site”). The Site is the property of Carlyx Org.(“Carlyx”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Carlyx reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Carlyx grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Carlyx, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Carlyx’s express prior written consent.

You may use information on Carlyx products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Carlyx for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Carlyx reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Carlyx server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Carlyx, including any Carlyx account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Carlyx’s systems or networks, or any systems or networks connected to the Site or to Carlyx.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Carlyx on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Carlyx or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Carlyx’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Carlyx may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Carlyx makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Guidelines for Using Carlyx Trademarks & Copyrights
  • Rights & Permissions
  • Trademarks
  • Claims of Copyright Infringement
  • Piracy
  • Counterfeit Products
  • Carlyx’s Unsolicited Idea Submission Policy
  • Software License Information
  • Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Carlyx ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Carlyx immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Carlyx or any other user of or visitor to the Site due to someone else using your Carlyx ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Carlyx ID, password or account at any time without the express permission and consent of the holder of that Carlyx ID, password or account. Carlyx cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Carlyx’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

Privacy Policy

Carlyx Org. takes privacy seriously. We value the trust that you place in us by providing us your personal information. We will always use your personal information in a way that is fair and worthy of that trust.

We shall always be transparent with you about what information we collect, what we do with it, with whom we share it and who you should contact if you have any concerns.

Links to Other Sites and to the Carlyx Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Carlyx’s control, and Carlyx is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

CARLYX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARLYX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CARLYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLYX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CARLYX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CARLYX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Carlyx reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Carlyx be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Carlyx has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Carlyx is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Carlyx’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Carlyx (but not including the purchase price for any Carlyx hardware or software products or any CarlyxCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Carlyx, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Carlyx by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Carlyx may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Carlyx’s rights or property, or the rights or property of visitors to or users of the Site, including Carlyx’s customers. Carlyx reserves the right at all times to disclose any information that Carlyx deems necessary to comply with any applicable law, regulation, legal process or governmental request. Carlyx also may disclose your information when Carlyx determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Carlyx may preserve any transmittal or communication by you with Carlyx through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Carlyx determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Carlyx, its employees, users of or visitors to the Site, and the public.

You agree that Carlyx may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Carlyx, for which monetary damages would be inadequate, and you consent to Carlyx obtaining any injunctive or equitable relief that Carlyx deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Carlyx may have at law or in equity.

You agree that Carlyx may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Carlyx does take any legal action against you as a result of your violation of these Terms of Use, Carlyx will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Carlyx. You agree that Carlyx will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Carlyx and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Carlyx administers and operates the www.carlyx.com Site from its location in Cupertino, California USA; other Carlyx sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Carlyx reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Carlyx with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Carlyx with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Carlyx, Carlyx will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Carlyx’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Carlyx of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Carlyx and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Carlyx provides access to Carlyx international data and, therefore, may contain references or cross references to Carlyx products, programs and services that are not announced in your country. Such reference does not imply that Carlyx in your country intends to announce such products, programs or services.

 

Cookie policy
We use cookies to provide you with a safe, effective and user-friendly website.

Performance & tracking cookies

We use performance & tracking cookies to further improve our website in order to always provide you with the best possible online experience tailored to your needs.

User preference cookies
User preference cookies are used to facilitate your access to www.carlyx.com. We use them to show you the correct Carlyx homepage.

Technical cookies are strictly necessary for www.carlyx.com to work properly. We use them to provide you access to premium services using your Carlyx profile. Technical cookies cannot be deactivated.

Addition to above

ELECTRONIC COMMUNICATIONS

When you visit CARLYX ONLINE STORE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Carlyx and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Carlyx are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Carlyx and its associates attempt to be as accurate as possible. However, Carlyx does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Carlyx itself is not as described, your sole remedy is to return it in unused condition. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY CARLYX ON AN “AS IS” AND “AS AVAILABLE” BASIS. CARLYX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARLYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLYX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CARLYX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLYX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting CARLYX, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CARLYX or its associates.

DISPUTES

Any dispute relating in any way to your visit to CARLYX or to products you purchase through CARLYX shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate CARLYXs intellectual property rights, CARLYX may seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to CARLYX. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

CONSUMER RIGHTS ACT

What do I do if I have a faulty product?

If something you’ve bought develops a fault, this guide explains your rights to a refund, repair or replacement, depending on the length of time you’ve owned the product.

What is a faulty good?

Under the Consumer Rights Act, all products – including electrical goods – must be of satisfactory quality, fit for purpose and as described. 

The rules also include digital content in this definition. So all products – whether physical, electrical or digital – must meet the following standards: 

Satisfactory quality Goods shouldn’t be faulty or damaged when you receive them. You should ask yourself what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.

Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.

As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

Get a refund, repair or replacement

Tool shopping icon 470787

Make a faulty goods complaint

You could be entitled to a repair, replacement or a refund even if the product is out of warranty, answer some simple questions and Which? can help you start your complaint for free

The date you made the purchase determines which legislation applies.

If you bought your goods any time from 1 October 2015, then the Consumer Rights Act applies.

If you bought your goods on or before 30 September 2015, then the Sale of Goods Act will apply.

How long do I have to return a faulty product?

Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later).

After the initial 30 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement – including electrical faulty goods.

This right doesn’t apply to faulty digital content. The retailer has one opportunity to repair or replace digital content that is of unsatisfactory quality, unfit for purpose or not as described, before you can claim a refund on a digital download.

How quick do I have to return a faulty item?

You have the right to reject your item and get a refund within 30 days of possessing the goods.

You could also ask the retailer to repair or replace your item within six months of purchase.

Your rights against the retailer can last for up to six years, but after the first six months the onus is on you to prove a fault was present at the time you took ownership of the goods.

You can also use your guarantee or warranty if your product develops a fault.

After the first 30 days

If you’re outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.

You can choose whether you want the goods to be repaired or replaced.

But the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.

Can I get a full refund? – the first 6 months

If you’ve owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.

The only exception to this is motor vehicles, where the retailer can make a deduction for fair use after the first 30 days.

It doesn’t matter whether you bought your goods before or after 1 October 2015 – in the first six months from when you buy something, the onus is on the seller to prove your defective product was of satisfactory quality when you received it.

It’s not for you to prove that the faulty item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase.

Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first 6 months of ownership if an attempt at a repair or replacement is unsuccessful.

You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn’t mean that a product has to last six years – just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

Was a fault present at purchase?

Which? found that only 13% of people knew that six months after buying a product, the onus is on you to prove a fault was present at the time of purchase in order to claim a refund, repair or replacement.

When we asked people how they would prove a fault was there when they bought the product, 68% said they wouldn’t know how to do this.

The truth is, the law doesn’t explain how you can prove this, which can make it problematic when you’re asked to do so.

Guidance has tended to focus on getting an independent report from a repair shop or expert, but this advice dates back to a time when these were a common presence on high streets.

You could be hard pressed to find one now. But it’s worth looking in your local area for a repair shop if you need to get an objective opinion.

Here are a few suggestions on what you can do:

If you can find a repair shop or expert to undertake an independent report on a defective product, it’s worth doing so as long as the cost isn’t disproportionate to the value of the product. It’s also worth checking that the retailer is happy with your choice of independent expert.

Are people on social media complaining of the same fault? What about any reviewers or journalists? The more evidence you can collect about the faulty product and how widespread the defect is, the stronger your case will be.

If the retailer fobs you off and tells you there’s nothing it can do, you could consider referring your case to the consumer ombudsman.

Do you have a guarantee or warranty? If so, check the terms of use. If you’re getting nowhere with the retailer, or if the retailer has gone bust, you may want to go straight to your warranty provider and make a claim.

Tips for getting a complaint dealt with

Act quickly. You have 30 days from taking physical ownership of the goods to claim a refund for a faulty product; after this time you may be offered a repair or replacement.

In the first instance, write to the customer-services department politely and objectively, so you have a written record as evidence. Then escalate if you’re not happy with the response.

Quote the relevant laws.

Say what you want to happen – refund, explanation or apology.

Say what you will do if not satisfied with the response, such as going to the relevant ombudsman or small claims court.

Do I have to pay to return a faulty item?

If your item is faulty and you need to return it, you don’t need to pay postage costs for the return of the faulty item.

If you are asked to return an item that arrived damaged, not as described or faulty, the retailer should refund you the total cost of the return.

Do I need a receipt to return a faulty product?

Being able to show a receipt for the faulty goods you purchased may speed up your claim, but it is not essential to have one.

In many cases it would be unreasonable for a retailer to expect you to have kept your receipt, especially if the goods develop a fault after several months.

Proof of purchase, like a bank statement, is enough evidence to provide you purchased the goods.

Should I accept credit notes for faulty goods?

The seller’s returns policy can’t require customers to take vouchers where an item has been returned because it is faulty.

The Consumer Rights Act specifies the rights that consumers have if products develop a fault and the seller can’t remove or reduce these.

What if the retailer refuses to help?

If you’re having problems and the shop won’t refund, repair or replace your goods, then you should report it to your local trading standards department, as the retailer is breaching your statutory rights.

It’s worth telling the shop that you’re going to do this, as it could mean your complaint is then dealt with.

If the retailer fobs you off or blames the manufacturer, you might want to take your complaint to the consumer ombudsman.

You could also consider using your guarantee or warranty.

Need some advice?

Speak directly to our legal team about your issue and you’ll get tailored advice to help you resolve it. Just £9 per month (plus £29 joining fee).

To join, call us on 01992 879 550 or sign up online.

Can I use a guarantee or warranty?

Many products, such as electrical goods, are offered with a manufacturer’s guarantee or sold with a manufacturer’s warranty that often lasts for one year.

Guarantees and warranties are a contract between you and the manufacturer, and the manufacturer must do whatever it says it will do in them.

Usually this will be to repair or replace a faulty item. Retailers will sometimes contact the manufacturer on your behalf, but they are not obliged to do so.

However, you still have rights under the Consumer Rights Act or Sale of Goods Act, even if your manufacturer’s warranty or guarantee has expired, and retailers can’t ignore this.

It will depend on the product and the fault, but you could be legally entitled to a free repair or, in some cases, a replacement by the retailer for some time after the manufacturer’s guarantee has expired.

Read our guide on when to use a manufacturer’s warranty or guarantee for more information.

What if a faulty product causes death, damage or injury?

According to the Consumer Protection Act 1987, anyone who’s harmed by an unsafe product can sue the manufacturer – even if you didn’t buy the product or electrical good yourself.

You can sue for compensation for death or injury. You can also sue for damage or loss of private property caused by faulty goods if the damage amounts to at least £275.

The amount you can claim will depend on the harm suffered, and there is no upper limit to compensation.

There are also certain criminal sanctions that apply to the general safety of products. For example, a lack of safety information can lead to up to 12 months’ imprisonment and a large fine.

Can I take my claim to court?

Court should be a last resort and you should do everything you can to resolve the dispute before taking this step.

If all your attempts to exercise your rights fail or the retailer doesn’t respond, you should ask yourself the following questions:

Is the trader still trading?

Do I have a good chance of winning my case in court?

If I win, will I be able to recover the money from the other side?

Is the amount at stake worth the cost of the court case?

Anyone considering starting court action in England and Wales (even in the small claims court) has to follow the Practice Direction on Pre-Action Conduction.

This gives you and the party you’re in dispute with clear steps to follow to help you resolve the dispute. And, if this isn’t possible the Practice Direction tells you the necessary steps to take your dispute to court.

RETURNS & REFUNDS

I want to return something bought online

High street shops don’t have to accept returns unless an item is faulty, but online purchases are covered by the Consumer Contracts Regulations.

The Consumer Contracts Regulations

When you buy goods online you have additional rights to return them.

This is because your decision may be based on a brief description or a photograph – so what you receive isn’t always quite what you’d expected.

Under the Consumer Contracts Regulations, you are allowed to return an item if you simply change your mind.

Online returns timelines

You have the right to cancel at any time from the moment you place your online order, and up to 14 days from the day you receive your goods.

You need to notify the retailer of your wish to cancel your order within this time period – by email, for example.

You then have a further 14 days from the date you notify the retailer of your cancellation to return the goods.

Longer returns periods

Many online retailers extend the cancellation period even further, so be sure to read the terms and conditions carefully as you may have longer to return unwanted items.

However, be aware that if you rely on the online store’s more generous timeline for returns, you may also then have to adhere to extra conditions when you come to send the goods back.

If you return your unwanted goods according to the timelines set out by the Consumer Contracts Regulations, there are only a few exemptions to getting a refund.

Exemptions to online returns

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include CDs, DVDs or software if you’ve broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that’s been broken.

Also included are goods that have been mixed inseparably with other items after delivery.

Paying to return goods

You must cover the cost for returning unwanted goods, unless the retailer says it will cover these costs.

Just in case the retailer disputes you’ve returned your goods, we recommend you get proof of postage – this should be sufficient evidence to prove that you’ve returned the goods.

If your goods are faulty, you shouldn’t to pay to return the goods.

Getting a refund

While you have to pay to return the goods, the retailer has to refund the basic delivery cost of getting the goods to you in the first place. If you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

Your refund for the goods must be paid within 14 calendar days after returning the goods, or evidence that they were returned.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

Summary

Consumer Contracts Regulations allow you to cancel any time from the moment you place your order and up to 14 calendar days from the day you receive your goods

You must notify the retailer of your wish to cancel and return the goods – by email, for example

You are responsible for returning the item within 14 calendar days of cancelling and refunds must be paid within 14 calendar days after returning the goods, or evidence that they were returned

You still have rights under the Consumer Rights Act for returning faulty goods bought online

Returning faulty goods bought online

The Consumer Contracts Regulations are in addition to your other legal rights. 

If you receive goods that are faulty and don’t do what they’re supposed to, or don’t match the description given, you have the same rights under the Consumer Rights Act as you have when buying face to face.

Any terms and conditions that say you must cover the cost of returning an item don’t apply where the goods being returned are faulty.

If you are looking to return your item because it is faulty, read our guide on what to do if you need to return a faulty product.

Should I accept credit notes for returns?

The retailer may have a returns policy stating that it will only give customers a credit note or vouchers for returns. But this must only apply where customers are looking to return an unwanted item. Additionally, if you are returning your online order up to or within the 14 days from the day you received your goods, under the Consumer Contracts Regulations you can ask for a refund rather than a credit note.

The seller’s returns policy also can’t require customers to take vouchers where an item has been returned due to it being faulty. The Consumer Rights Act specifies the rights that consumers have if products develop a fault and the seller can’t remove or reduce these.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Carlyx shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2020 Carlyx Org. All rights reserved.

Carlyx Org., Avenida da Liberdade 108, 1250-096, Lisboa, Portugal.

Updated by The Carlyx Legal Team on February 8, 2020

You are always welcome to contact us at Customer Service if you have any questions.

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LEGAL NOTICES & CONSUMER RIGHTS

Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Carlyx web site located at www.carlyx.com, and all associated sites linked to www.carlyx.com by Carlyx, its subsidiaries and affiliates, including Carlyx sites around the world (collectively, the “Site”). The Site is the property of Carlyx Org.(“Carlyx”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Carlyx reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Carlyx grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Carlyx, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Carlyx’s express prior written consent.

You may use information on Carlyx products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Carlyx for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Carlyx reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Carlyx server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Carlyx, including any Carlyx account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Carlyx’s systems or networks, or any systems or networks connected to the Site or to Carlyx.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Carlyx on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Carlyx or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Carlyx’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Carlyx may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Carlyx makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Guidelines for Using Carlyx Trademarks & Copyrights
  • Rights & Permissions
  • Trademarks
  • Claims of Copyright Infringement
  • Piracy
  • Counterfeit Products
  • Carlyx’s Unsolicited Idea Submission Policy
  • Software License Information
  • Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Carlyx ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Carlyx immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Carlyx or any other user of or visitor to the Site due to someone else using your Carlyx ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Carlyx ID, password or account at any time without the express permission and consent of the holder of that Carlyx ID, password or account. Carlyx cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Carlyx’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

Privacy Policy

Carlyx Org. takes privacy seriously. We value the trust that you place in us by providing us your personal information. We will always use your personal information in a way that is fair and worthy of that trust.

We shall always be transparent with you about what information we collect, what we do with it, with whom we share it and who you should contact if you have any concerns.

Links to Other Sites and to the Carlyx Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Carlyx’s control, and Carlyx is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

CARLYX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARLYX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CARLYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLYX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CARLYX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CARLYX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Carlyx reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Carlyx be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Carlyx has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Carlyx is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Carlyx’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Carlyx (but not including the purchase price for any Carlyx hardware or software products or any CarlyxCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Carlyx, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Carlyx by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Carlyx may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Carlyx’s rights or property, or the rights or property of visitors to or users of the Site, including Carlyx’s customers. Carlyx reserves the right at all times to disclose any information that Carlyx deems necessary to comply with any applicable law, regulation, legal process or governmental request. Carlyx also may disclose your information when Carlyx determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Carlyx may preserve any transmittal or communication by you with Carlyx through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Carlyx determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Carlyx, its employees, users of or visitors to the Site, and the public.

You agree that Carlyx may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Carlyx, for which monetary damages would be inadequate, and you consent to Carlyx obtaining any injunctive or equitable relief that Carlyx deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Carlyx may have at law or in equity.

You agree that Carlyx may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Carlyx does take any legal action against you as a result of your violation of these Terms of Use, Carlyx will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Carlyx. You agree that Carlyx will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Carlyx and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Carlyx administers and operates the www.carlyx.com Site from its location in Cupertino, California USA; other Carlyx sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Carlyx reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Carlyx with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Carlyx with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Carlyx, Carlyx will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Carlyx’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Carlyx of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Carlyx and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Carlyx provides access to Carlyx international data and, therefore, may contain references or cross references to Carlyx products, programs and services that are not announced in your country. Such reference does not imply that Carlyx in your country intends to announce such products, programs or services.

 

Cookie policy
We use cookies to provide you with a safe, effective and user-friendly website.

Performance & tracking cookies

We use performance & tracking cookies to further improve our website in order to always provide you with the best possible online experience tailored to your needs.

User preference cookies
User preference cookies are used to facilitate your access to www.carlyx.com. We use them to show you the correct Carlyx homepage.

Technical cookies are strictly necessary for www.carlyx.com to work properly. We use them to provide you access to premium services using your Carlyx profile. Technical cookies cannot be deactivated.

Addition to above

ELECTRONIC COMMUNICATIONS

When you visit CARLYX ONLINE STORE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Carlyx and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Carlyx are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Carlyx and its associates attempt to be as accurate as possible. However, Carlyx does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Carlyx itself is not as described, your sole remedy is to return it in unused condition. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY CARLYX ON AN “AS IS” AND “AS AVAILABLE” BASIS. CARLYX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARLYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLYX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CARLYX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLYX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting CARLYX, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CARLYX or its associates.

DISPUTES

Any dispute relating in any way to your visit to CARLYX or to products you purchase through CARLYX shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate CARLYXs intellectual property rights, CARLYX may seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to CARLYX. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

CONSUMER RIGHTS ACT

What do I do if I have a faulty product?

If something you’ve bought develops a fault, this guide explains your rights to a refund, repair or replacement, depending on the length of time you’ve owned the product.

What is a faulty good?

Under the Consumer Rights Act, all products – including electrical goods – must be of satisfactory quality, fit for purpose and as described. 

The rules also include digital content in this definition. So all products – whether physical, electrical or digital – must meet the following standards: 

Satisfactory quality Goods shouldn’t be faulty or damaged when you receive them. You should ask yourself what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.

Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.

As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

Get a refund, repair or replacement

Tool shopping icon 470787

Make a faulty goods complaint

You could be entitled to a repair, replacement or a refund even if the product is out of warranty, answer some simple questions and Which? can help you start your complaint for free

The date you made the purchase determines which legislation applies.

If you bought your goods any time from 1 October 2015, then the Consumer Rights Act applies.

If you bought your goods on or before 30 September 2015, then the Sale of Goods Act will apply.

How long do I have to return a faulty product?

Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later).

After the initial 30 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement – including electrical faulty goods.

This right doesn’t apply to faulty digital content. The retailer has one opportunity to repair or replace digital content that is of unsatisfactory quality, unfit for purpose or not as described, before you can claim a refund on a digital download.

How quick do I have to return a faulty item?

You have the right to reject your item and get a refund within 30 days of possessing the goods.

You could also ask the retailer to repair or replace your item within six months of purchase.

Your rights against the retailer can last for up to six years, but after the first six months the onus is on you to prove a fault was present at the time you took ownership of the goods.

You can also use your guarantee or warranty if your product develops a fault.

After the first 30 days

If you’re outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.

You can choose whether you want the goods to be repaired or replaced.

But the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.

Can I get a full refund? – the first 6 months

If you’ve owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.

The only exception to this is motor vehicles, where the retailer can make a deduction for fair use after the first 30 days.

It doesn’t matter whether you bought your goods before or after 1 October 2015 – in the first six months from when you buy something, the onus is on the seller to prove your defective product was of satisfactory quality when you received it.

It’s not for you to prove that the faulty item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase.

Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first 6 months of ownership if an attempt at a repair or replacement is unsuccessful.

You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn’t mean that a product has to last six years – just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

Was a fault present at purchase?

Which? found that only 13% of people knew that six months after buying a product, the onus is on you to prove a fault was present at the time of purchase in order to claim a refund, repair or replacement.

When we asked people how they would prove a fault was there when they bought the product, 68% said they wouldn’t know how to do this.

The truth is, the law doesn’t explain how you can prove this, which can make it problematic when you’re asked to do so.

Guidance has tended to focus on getting an independent report from a repair shop or expert, but this advice dates back to a time when these were a common presence on high streets.

You could be hard pressed to find one now. But it’s worth looking in your local area for a repair shop if you need to get an objective opinion.

Here are a few suggestions on what you can do:

If you can find a repair shop or expert to undertake an independent report on a defective product, it’s worth doing so as long as the cost isn’t disproportionate to the value of the product. It’s also worth checking that the retailer is happy with your choice of independent expert.

Are people on social media complaining of the same fault? What about any reviewers or journalists? The more evidence you can collect about the faulty product and how widespread the defect is, the stronger your case will be.

If the retailer fobs you off and tells you there’s nothing it can do, you could consider referring your case to the consumer ombudsman.

Do you have a guarantee or warranty? If so, check the terms of use. If you’re getting nowhere with the retailer, or if the retailer has gone bust, you may want to go straight to your warranty provider and make a claim.

Tips for getting a complaint dealt with

Act quickly. You have 30 days from taking physical ownership of the goods to claim a refund for a faulty product; after this time you may be offered a repair or replacement.

In the first instance, write to the customer-services department politely and objectively, so you have a written record as evidence. Then escalate if you’re not happy with the response.

Quote the relevant laws.

Say what you want to happen – refund, explanation or apology.

Say what you will do if not satisfied with the response, such as going to the relevant ombudsman or small claims court.

Do I have to pay to return a faulty item?

If your item is faulty and you need to return it, you don’t need to pay postage costs for the return of the faulty item.

If you are asked to return an item that arrived damaged, not as described or faulty, the retailer should refund you the total cost of the return.

Do I need a receipt to return a faulty product?

Being able to show a receipt for the faulty goods you purchased may speed up your claim, but it is not essential to have one.

In many cases it would be unreasonable for a retailer to expect you to have kept your receipt, especially if the goods develop a fault after several months.

Proof of purchase, like a bank statement, is enough evidence to provide you purchased the goods.

Should I accept credit notes for faulty goods?

The seller’s returns policy can’t require customers to take vouchers where an item has been returned because it is faulty.

The Consumer Rights Act specifies the rights that consumers have if products develop a fault and the seller can’t remove or reduce these.

What if the retailer refuses to help?

If you’re having problems and the shop won’t refund, repair or replace your goods, then you should report it to your local trading standards department, as the retailer is breaching your statutory rights.

It’s worth telling the shop that you’re going to do this, as it could mean your complaint is then dealt with.

If the retailer fobs you off or blames the manufacturer, you might want to take your complaint to the consumer ombudsman.

You could also consider using your guarantee or warranty.

Need some advice?

Speak directly to our legal team about your issue and you’ll get tailored advice to help you resolve it. Just £9 per month (plus £29 joining fee).

To join, call us on 01992 879 550 or sign up online.

Can I use a guarantee or warranty?

Many products, such as electrical goods, are offered with a manufacturer’s guarantee or sold with a manufacturer’s warranty that often lasts for one year.

Guarantees and warranties are a contract between you and the manufacturer, and the manufacturer must do whatever it says it will do in them.

Usually this will be to repair or replace a faulty item. Retailers will sometimes contact the manufacturer on your behalf, but they are not obliged to do so.

However, you still have rights under the Consumer Rights Act or Sale of Goods Act, even if your manufacturer’s warranty or guarantee has expired, and retailers can’t ignore this.

It will depend on the product and the fault, but you could be legally entitled to a free repair or, in some cases, a replacement by the retailer for some time after the manufacturer’s guarantee has expired.

Read our guide on when to use a manufacturer’s warranty or guarantee for more information.

What if a faulty product causes death, damage or injury?

According to the Consumer Protection Act 1987, anyone who’s harmed by an unsafe product can sue the manufacturer – even if you didn’t buy the product or electrical good yourself.

You can sue for compensation for death or injury. You can also sue for damage or loss of private property caused by faulty goods if the damage amounts to at least £275.

The amount you can claim will depend on the harm suffered, and there is no upper limit to compensation.

There are also certain criminal sanctions that apply to the general safety of products. For example, a lack of safety information can lead to up to 12 months’ imprisonment and a large fine.

Can I take my claim to court?

Court should be a last resort and you should do everything you can to resolve the dispute before taking this step.

If all your attempts to exercise your rights fail or the retailer doesn’t respond, you should ask yourself the following questions:

Is the trader still trading?

Do I have a good chance of winning my case in court?

If I win, will I be able to recover the money from the other side?

Is the amount at stake worth the cost of the court case?

Anyone considering starting court action in England and Wales (even in the small claims court) has to follow the Practice Direction on Pre-Action Conduction.

This gives you and the party you’re in dispute with clear steps to follow to help you resolve the dispute. And, if this isn’t possible the Practice Direction tells you the necessary steps to take your dispute to court.

RETURNS & REFUNDS

I want to return something bought online

High street shops don’t have to accept returns unless an item is faulty, but online purchases are covered by the Consumer Contracts Regulations.

The Consumer Contracts Regulations

When you buy goods online you have additional rights to return them.

This is because your decision may be based on a brief description or a photograph – so what you receive isn’t always quite what you’d expected.

Under the Consumer Contracts Regulations, you are allowed to return an item if you simply change your mind.

Online returns timelines

You have the right to cancel at any time from the moment you place your online order, and up to 14 days from the day you receive your goods.

You need to notify the retailer of your wish to cancel your order within this time period – by email, for example.

You then have a further 14 days from the date you notify the retailer of your cancellation to return the goods.

Longer returns periods

Many online retailers extend the cancellation period even further, so be sure to read the terms and conditions carefully as you may have longer to return unwanted items.

However, be aware that if you rely on the online store’s more generous timeline for returns, you may also then have to adhere to extra conditions when you come to send the goods back.

If you return your unwanted goods according to the timelines set out by the Consumer Contracts Regulations, there are only a few exemptions to getting a refund.

Exemptions to online returns

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include CDs, DVDs or software if you’ve broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that’s been broken.

Also included are goods that have been mixed inseparably with other items after delivery.

Paying to return goods

You must cover the cost for returning unwanted goods, unless the retailer says it will cover these costs.

Just in case the retailer disputes you’ve returned your goods, we recommend you get proof of postage – this should be sufficient evidence to prove that you’ve returned the goods.

If your goods are faulty, you shouldn’t to pay to return the goods.

Getting a refund

While you have to pay to return the goods, the retailer has to refund the basic delivery cost of getting the goods to you in the first place. If you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

Your refund for the goods must be paid within 14 calendar days after returning the goods, or evidence that they were returned.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

Summary

Consumer Contracts Regulations allow you to cancel any time from the moment you place your order and up to 14 calendar days from the day you receive your goods

You must notify the retailer of your wish to cancel and return the goods – by email, for example

You are responsible for returning the item within 14 calendar days of cancelling and refunds must be paid within 14 calendar days after returning the goods, or evidence that they were returned

You still have rights under the Consumer Rights Act for returning faulty goods bought online

Returning faulty goods bought online

The Consumer Contracts Regulations are in addition to your other legal rights. 

If you receive goods that are faulty and don’t do what they’re supposed to, or don’t match the description given, you have the same rights under the Consumer Rights Act as you have when buying face to face.

Any terms and conditions that say you must cover the cost of returning an item don’t apply where the goods being returned are faulty.

If you are looking to return your item because it is faulty, read our guide on what to do if you need to return a faulty product.

Should I accept credit notes for returns?

The retailer may have a returns policy stating that it will only give customers a credit note or vouchers for returns. But this must only apply where customers are looking to return an unwanted item. Additionally, if you are returning your online order up to or within the 14 days from the day you received your goods, under the Consumer Contracts Regulations you can ask for a refund rather than a credit note.

The seller’s returns policy also can’t require customers to take vouchers where an item has been returned due to it being faulty. The Consumer Rights Act specifies the rights that consumers have if products develop a fault and the seller can’t remove or reduce these.

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Copyright © 2020 Carlyx Org. All rights reserved.

Carlyx Org., Avenida da Liberdade 108, 1250-096, Lisboa, Portugal.

Updated by The Carlyx Legal Team on February 8, 2020

You are always welcome to contact us at Customer Service if you have any questions.

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Copyright © 2020 Carlyx Org. All rights reserved.