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1. DEFINITIONS
1.1"Contract" means the contract between the Buyer and the Seller for
the purchase and sale of Goods incorporating these Terms and Conditions;
1.2"Delivery Date" means the date specified by the Buyer when the goods are to be delivered;
1.3"Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4"Order" means the Buyer’s purchase order for the Goods;
1.5"Price" means the price for the Goods stated on the Order, inclusive
of VAT (if applicable) or any analogous sales tax, carriage, freight,
postage or insurance costs;
1.6"Seller" means the person or organisation to whom an Order is sent by the
Buyer;
1.7"Terms and Conditions" means the terms and conditions of purchase
set out in this document and any special terms and conditions agreed in
writing by the Purchaser;
1.8 It is expressly understood that neither the Buyer nor the Seller
are consumers, as defined by the Unfair Contract Terms Act 1977;
1.9 Any reference to a statutory provision shall be construed as a
reference to that provision as amended, re-enacted or extended at the
relevant time;
2. CONDITIONS
2.1 These Terms and Conditions shall apply to all contracts for the purchase of
Goods by the Buyer from the Seller to the exclusion of all other terms
and conditions including any terms and conditions which the Seller may
purport to apply under any sales offer or similar document.
2.2 Despatch or delivery of the Goods by the Seller to the Buyer shall
be deemed conclusive evidence of the Seller’s acceptance of these Terms
and Conditions.
2.3 Any variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Buyer.
3. PRICE AND PAYMENT
3.1 A valid VAT invoice in respect of the Price shall be produced to the Buyer by the Seller.
3.2 Where credit terms are allowed; The Buyer shall pay the price
within 30 days of the date of receipt of the invoice or acceptance of
the Goods by the Buyer, if later.
3.3 Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment at a rate
of 2% per annum above the base rate of National Westminster Bank from
time to time in force.
3.4 All prices are subject to change without notice and subject to a
delivery charge specified at the time of ordering. All orders are
executed subject to prices ruling at the date of dispatch and no price
list of the Company, whether published or not, shall affect the right
of the Company to charge for the goods in accordance with this clause.
The delivery charges on internet orders are based on delivery in UK
mainland (excluding some post codes) so there will be extra charges if
delivery is required elsewhere.( We can arrange delivery to many
countries of the world). The consumer will be informed of the total
price of the order before being binding and if there are any price
changes before delivery then the consumer will have the option to
cancel their order and get their money back.
Any clerical or error or omission in any sales literature, quotation,
price list (including the Internet), acceptance of offer, invoice or
other document or information issued by the company shall be subject to
correction without any liability on the part of the company.
3.5 Extra Costs. In the event of any variation or suspension of orders
through the buyer's instructions or lack of instructions, prices may be
increased to cover any extra expenses thereby incurred by the Company.
3.6 Credit card surcharge: A 1.5% surcharge is made on all payments by
Visa/Mastercard credit cards, where payment is made via a debit card,
including Switch, Solo and Visa Debit no surcharge will be made.
4. WARRANTY
4.1 The Seller warrants to the Buyer that the Goods are of the quantity, description and quality as set out in the Order.
4.2 The Seller warrants that as from the date of Invoice for a minimum period of 12 Months the Goods are free from any defects.
4.3 Where there is a breach of the warranty contained in this Clause 4
by the Seller the Buyer shall inform the Seller who must within 28 days
either repair or replace the defective Goods at the Seller’s expense or
repay the Price or part of the Price relating to the defect to the
Buyer.
4.4 The Seller shall ensure that all the Goods shall be manufactured,
stored, tested and packed in accordance with all British and EC
statutory and other legal requirements applicable to them and that all
the Goods are of merchantable quality and fit for the purpose for which
the Buyer intends to use
such Goods.
5. DELIVERY OF GOODS
5.1 Delivery of the Goods shall be made to the Buyer’s address on the date
specified in the Order during normal business hours, unless previously
arranged otherwise. Delivery dates & time are given in good faith
by the Company to indicate estimated delivery times but shall not
amount to any contractual obligation to deliver at the time stated and
is subject to payment clearance, locality, human error, courier company
error and system failure.
5.2 No liability for direct or consequential loss or damage arising
from delay in delivery will be accepted by the company. For collection
orders paid by credit card the card holder must be present before or on
collection.
5.3 If there is a change to the agreed delivery date then the buyer
shall have the right to cancel the order and receive a full refund of
the amount paid.
5.4 In the case of goods purchased by credit card, those goods can only
be shipped to the credit card holder address (in order to protect you,
we carry out extensive checks to ensure that your card is not being
used fraudulently)
6. REMEDIES OF BUYER
6.1 The Buyer shall inspect the Goods upon delivery in accordance with this Clause 6.
6.2 Where Goods are damaged the Buyer shall notify the Seller. The
Buyer may reject the damaged Goods and the following provisions shall
apply:
6.2.1 the Seller shall collect the damaged Goods from the Buyer at the Seller’s expense;
6.2.2 during the period between delivery of the Goods and collection by
the Seller, the Buyer shall not be liable for any loss or further
damage caused to the damaged Goods;
6.2.3 all sums payable by the Buyer in relation to the damaged Goods shall
cease to become payable;
6.3 Where there are shortages in the Order the Buyer shall notify the Seller and the following provisions shall apply:
6.3.1 all sums payable by the Buyer in relation to the missing Goods shall cease to become payable;
6.3.2 all sums paid by the Buyer in relation to the missing Goods shall be repaid by the Seller immediately;
6.4 If the Buyer so requests, the Seller shall immediately replace
damaged Goods or supply Goods which are missing at the Seller’s expense
and/or the Buyer shall be entitled to cancel, without notice, the whole
or any unexecuted part of the Order and the rights referred to in
Clause 5.2. shall apply.
6.5 Where there is an excess of Goods in relation to the Order the
Buyer may reject the excess Goods by notice in writing to the Seller
and the following provisions shall apply:
6.5.1 the Seller shall collect the excess Goods from the Buyer at the Seller’s expense;
6.5.2 no sum shall be due to the Seller for the excess Goods and in the
event that sums are paid to the Seller for the excess Goods, the Seller
shall repay such sums to the Buyer immediately.
6.6 The Buyer may accept excess Goods by notifying the Seller of such
acceptance and the price of the excess Goods shall be payable by the
Buyer in accordance with Clause 3.
6.7 The Seller shall repair or replace free of charge, Goods damaged or
lost in transit upon receiving notice to that effect from the Buyer.
7. RETURNS
7.1 The returned item must be accompanied by the relevant Invoice/Delivery Note.
7.2 Unwanted items returned for refund or exchange, for whatever
reason, will be subject to a re-stocking charge of 15% of the purchase
value. No restocking charge will be made where a) faulty goods are
returned or b) goods are returned where the consumer has exercised
their right to reject. Software items will not be accepted for return
unless the goods are faulty or the shrink-wrap or copyright seal is
intact. Items returned for refund after 30 days of purchase will be
refunded at the price current at the time of refund. Items returned as
faulty but found to have no fault will incur a handling and testing
charge of 20% of the purchases value.
7.3 All packaging material must be retained until the goods are fully
tested and functional. If for any reason the goods are returned, they
must be returned in their original packaging material, including
warranty repairs. If original packaging is not used, the Seller will
not be responsible for any damage caused during transit. Additionally,
the Seller will make a charge for supplying new packaging material.
Proof of despatch must be retained until safe receipt is acknowledged
by the Seller.
7.4 If you are a consumer you have the right, in addition to your other
rights, to cancel the contract (other than for video, audio or software
products which have been unsealed by you) and receive a refund.
However, we will only accept unwanted computer products for refund
within 7 days of delivery, provided that the goods are complete with
all relevant packaging in an unused and re-saleable condition. You must
inform us in writing of your desire to cancel within seven working days
starting on the day after the day the goods are delivered to you. You
must return the goods to us at your cost and we advise you to ensure
the goods are adequately insured during any return journey. If you have
not returned the goods within 14 days of cancellation or if requested
we can collect the goods from you at your cost.
8. TITLE AND RISK
Title and risk in the Goods shall pass to the Buyer upon delivery of
the Goods in terms of Clause 5. The Buyer shall still be entitled to
reject the Goods in terms of Clause 6.
9. VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.
10. INDEMNITY
The Seller shall indemnify the Buyer against all claims, loss,
liability or expenses arising or incurred by the Buyer either at common
law or by statute in respect of personal injury to or the death of any
person or in respect of any loss or destruction of or damage to the
property due to any work executed by the Seller in relation to the
Goods or due to any defect in the Goods.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any
of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, breakdown of
plant or machinery or shortage or
unavailability of raw materials from a natural source of supply, and
the party shall be entitled to a reasonable extension of its
obligations.
12. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any Court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these
Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the Law of England and Wales and the parties hereby
submit to the exclusive jurisdiction of the Courts of England and
Wales.
14. COPYRIGHT - OWNERSHIP OF SITE CONTENT
The seller does not transfer title to any Site content downloaded or
used by User. Site content, including its selection and arrangement, is
owned by the seller or the sellers Affiliates and/or their content and
technology providers and is protected by copyright and other laws.
Limited permission to use Site content (for the purposes stated in the
preceding section) is specifically conditioned on User's recognition,
observance and retention of all copyright, trademark and other
proprietary notices in Site content, and all proprietary and other
intellectual property rights of the seller or the sellers Affiliates
and/or content and technology providers, in Site content. User shall
not have any ownership rights in any e-mail address, URL or other
personal identifier that may be allocated to, or chosen by, him or her
for the purposes of any Services available through this site and User's
limited rights to use such identifier/address shall continue only for
so long as User's registration/User account remains valid for access to
this site or the relevant Service. After termination of such validity
by the seller for any reason, the seller shall be free to use and/or
allocate to other Users any such identifier/address.
Any unauthorized use or copying of Site content, or use of Site content
which breaches these Terms (or their spirit) may violate trademark,
copyright and other proprietary rights, and civil and criminal
statutes. Users shall not use any Site content (or any other content
made available through this site) in any manner that infringes any
trademark, copyright or other proprietary rights. The seller reserves
all rights with respect to such unauthorized use or breach of these
Terms.
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