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;
2.1 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.
4.1 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. RETURNS7.1 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.
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.
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.