EuroPC LTD referred to as 'The Company('s)'.
Welcome to The Company's Terms and Conditions.
These terms and conditions apply to your purchase of Goods from The Company and the use of The Company's Website and by purchasing goods or accessing this Website, you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service Team by e-mail at : [email protected] or telephone 0844 472 0500 between 9am-5.30pm (please note that all calls to our Customer Service Team will be recorded for quality monitoring and training purposes).
The Company gives no authority (whether implied or expressed) to deep link to or frame any of the content which appears on our Website or to use a representation of the company's trademarks as a link button without the express agreement of The Company.
This site complies with appropriate UK legislation and it is to be used only by persons who access it from within the UK and the services on this site are only available to UK residents.
“Buyer” means the person who accepts a quotation of Seller for the sale of the Goods or whose order for the Goods is accepted by Seller.
"Conditions" means the standard terms and conditions of sale as set out in this document and (unless the context otherwise requires) including any “Special Conditions”.
“Credit Sales” means sales of goods and services to customer before payment received.
"Goods" means goods (including any installment of the goods or any parts for them) which Seller is to supply in accordance with these Conditions as displayed for sale on the Website or in other publication duly authorised by The Company;
"Online Sales" means sales of Goods and Services conducted through the Website.
“Personal Information” means the details provided by you on registration;
"Product Description" means that part of the Website or literature where certain terms and conditions in respect of the individual Good or Service are provided;
“Seller” means The Company Limited (Company number SC365175);
"Services" means services displayed for sale on the Website or other authorised publication;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 9.1;
"Users" means the users / buyers of goods off the Website collectively;
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website or via other publication;
"Us/Our/We/The Company" means The Company Ltd., a company registered in Scotland under the number SC365175 with registered office located at 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL;
"Website" means the website located at www.europc.co.uk or any subsequent URL which may replace it; and "You/Your" means a user of the Website.
“Writing” includes e-mail, facsimile transmission and comparable means of communication.
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via e-mail, We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A. GENERAL RIGHTS
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2. Your Obligations. You:
2.1. agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.2. agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3. will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4. will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.5. will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6. will not attempt any unauthorised access to any part or component of the Website;
2.7. agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.8. the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and
2.9. will notify us immediately of any changes to the Personal Information by contacting our Customer Service Team by email at : firstname.lastname@example.org
or telephoning 844-472-0500 between 9am-5.30pm; and
2.10. will not attempt to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website or other literature, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. Our Rights
4.1. We reserve the right to:
4.1.1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2. change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2. We will use Our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3. We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or canceling orders placed by such User.
B. PURCHASE OF GOODS/SERVICES
7. Contract creation and electronic contracting
7.1. The technical steps required to create the contract between You and Us are:
7.1.1. You place the order for Your Products either by calling us directly or on the Website by pressing the buy button as part of the check-out process. You will be guided through the process of placing an order either by the Sales Representative or by a series of simple instructions on the Website.
7.1.2. We will send to You an order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from Us.
7.1.3. As Your product is shipped from our central warehouse We will send you a dispatch confirmation email.
7.1.4. Order acceptance and the completion of the contract between You and Us will take place on the dispatch to you of the Products ordered unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these conditions.
7.2. Non-acceptance of an order may be a result of one of the following:
7.2.1. The product you ordered being unavailable from stock.
7.2.2. Our inability to obtain authorisation for your payment.
7.2.3. The identification of a pricing or product description error.
7.3. You not meeting the eligibility to order criteria set out in the main T&Cs.
8.1. All orders are subject to acceptance and availability. If the Good You have ordered are not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You. 15% will apply where tax point is on or after 1st December 2008 until 31st December 2009 or as advised by government.
8.2. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
8.3. You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
8.4. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
9. Offers to Purchase and Description of Goods/Services
9.1. Each Good or Service purchased is sold subject to its Product Description which sets out specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
9.2. Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We dispatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in Glasgow, Scotland. We reserve the right to reject any offer to purchase made by You at any time.
9.3. You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.
9.4 All orders will be subject to a carriage and handling charge unless otherwise specified. Carriage charges will vary depending on size of order. These will be communicated from Seller to Buyer. Prices for large /export orders are quoted on request.
10. Refusal of transaction
10.1. We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
10.2. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under Scottish law you must:
10.2.1. Register by providing your real name, phone number, e-mail address, payment details and other requested information
10.2.2. Be over 18 years of age.
10.2.3. Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
10.2.4. Possess a valid credit or debit card issued by a bank acceptable to us.
10.3. By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
11. Right of Cancellation
11.1. If You are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed within 7 days of receipt by You of the Goods or Services ("Cancellation Period"). However, You may not cancel any Service ordered from Us once We have started to provide it to You with your agreement.
11.2. If you do cancel a contract you must:
11.2.1. either notify us in writing to EuroPC Ltd, 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL; by email to [email protected] or by phone on 0844 472 0500;
11.2.2. retain possession of the Goods;
11.2.3. take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
11.2.4. ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
11.3. If You do cancel a contract, then You must return the Goods to Us, during working hours, details of which can be obtained on Our Website (https://www.europc.co.uk) or by emailing us at [email protected]. Alternatively We may notify You of when We wish to collect the Goods. We will usually collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods and will, at Our option, deduct these from any sum owed to You.
11.4. If You do cancel a contract, We will refund the monies You have paid to Us within 30 days of You giving Us a cancellation notice.
12. Your Personal Data
12.1. We respect Your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
12.2. We may hold information that You provide to Us (such as on an application or registration form) or that We may obtain from another source (such as Our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how You use Our products and services together with general information about the way You pay and manage Your account. We may share Your Information with: companies within Total Group and any company or other entity in which Total Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions; and in the event that We undergo re-organisation or are sold to a third party You agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.
12.3. Your Information may be held and used by us for a number of purposes and We may use third parties to support Us with purposes which include, without limitation:
12.3.1. processing Your orders or applications; administering Your account and billing; settling accounts with those who provide related services to Us; disclosing Your data to bank and debit and credit card companies to validate Your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact You) and legal actions and all other general administrative and business purposes;
12.3.2. carrying out market and product analysis of Your Information to develop and improve and to tell You about The Company Group's products and services, new developments, special offers, discounts and awards which We believe may be of personal interest to You. We may also use Your Information for the purpose of testing our internal systems and developing new products and services. We may tell You by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by You at the time You give Us Your Information; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
12.3.3. passing on data to organisations from which You have ordered any products and services; registering Your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements You may have in respect of Our and Our group companies' loyalty or reward programmes and other similar schemes;
12.3.4. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on Us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
12.3.5. carrying out activities connected with the running of Our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which You are a customer or a potential customer. We may also use Your information for the purpose of testing our internal systems and developing new products and services.
12.4. You agree to the disclosure by Us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
12.4.1. any information relating to Your contract with Us including details of how You conduct Your account and Your obligations to Us and Your personal financial information;
12.4.2. any information which is covered by Our registration under the Data Protection Act 1998 as amended from time to time; and
12.4.3. any information which We are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
12.5. It may also be necessary for Us to carry out anti-fraud and identity checks on You to help decide whether to accept Your application or future applications, to verify Your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from You and other members of Your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service.
12.6. A comprehensive description of how We use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk.
12.7. If You would like us to tell you what information we hold about You, please write to: The Data Controller, The Company Limited at the above address. We may charge a £10.00 administration fee; please quote Your mobile and/or account number on all requests. You can also call us on 0871 900 6000 to correct or update any inaccurate or incomplete information and to advise Us of any preferences You may have concerning how You can be contacted for marketing purposes or to indicate Your preferences for directory entries.
12.8. If You do not wish Your details to be used for the purposes described in Clauses 12.2 and 12.3, please write to us c/o The Customer Services Manager, EuroPC, 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL; stating your full name, address, account number and mobile phone number. Please note: this will not affect any marketing consent which You have already given to any of the companies referred to in Clause 12.3 in respect of agreements relating to other products and/or services. services
12.9. Subject to Your rights of objection set out in this clause, and Your right of objection in the registration process, You agree that You consent to us, The Company Group or third parties contacting You for any of the above purposes whether by telephone, email, SMS or in writing and You confirm that You do not consider any of the above as being a breach of any of Your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.10. You should be aware that if We are requested by the police or any regulatory government authority investigating suspected illegal activities to provide Your user information or information concerning Your activities whilst using the Service We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use that is deemed by us to be inconsistent with these terms.
12.11. We may disclose to third parties aggregated data to the use of the Equipment provided that a single individual is not identifiable in such data.
12.12. If You purchase a mobile phone from us, we will pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact You in the event that You lose your mobile phone or it is stolen from You. Please contact us on 0844 472 0500 if You do not want Your information to be passed to MEND and/or SEND. PLEASE NOTE: Once You have been registered with MEND and SEND, it is Your responsibility to ensure that You notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to You.
12.13. We will not collect any personal information about You unless You have chosen to give it to Us. Do not give it to Us if you do not want it collected.
12.14. We may use information We have collected about You for improving customer service, and to respond to Your queries.
12.16. When You speak to Us on the phone, some calls may be monitored or recorded in case We need to check We have carried out Your instructions correctly and to help improve Our quality of service.
13.1. Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the dispatch of Your Good or provision of the Service to You.
13.2. You confirm that the credit/debit card that is being used is Yours.
13.3. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
13.4 We accept Visa, Switch, Mastercard and Delta, all of which may be subject to a maximum 3% surcharge.
13.5 COD & Transax Orders: - You may pay by Cheque On Delivery (COD) with a personal or business cheque that has been cleared by the TRANSAX Cheque Guarantee System if Authorised. All cheques must be faxed to Us with a copy of the purchase order or sales order confirmation prior to dispatch to ensure cheque clearance by the TRANSAX system. Cheques may be subject to a maximum (2%) Transax surcharge dependant on order value. Any cancelled or returned cheques issued to Us will be subject to a (10)% administration fee chargeable to the customer.
13.6 Credit Finance Orders:- Flexible credit plans are available to individual customers through Shopaplan. Lease terms can be arranged for any period up to 36 months, subject to credit approval. Credit arranged by Shopaplan is for individuals use only and not for any business or organisation. We are a licensed credit broker. Written details are available on request.
13.7 Subject to any special terms agreed in Writing, We shall be entitled to invoice You for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by You or You wrongfully fail to take delivery of the Goods, in which event We shall be entitled to invoice You for the price at any time after We have notified You that the Goods are ready for collection or (as the case may be) We have tendered delivery of the Goods.
13.8 Subject to any special terms agreed in Writing, where credit terms have been agreed You shall pay the price of the Goods within thirty (30) days of the date of Our invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to You. The time of payment of the price shall be of the essence of the Contract. All payments shall be to The Company Ltd and cheques shall be crossed A/C payee only.
13.9 If You fail to make any payment on the due date then, without prejudice to any other right or remedy available to Us, We shall be entitled to:
13.9.1 cancel the contract or suspend any further deliveries;
13.9.2 appropriate any payment made by You to such of the Goods (or the goods supplied under contract between them) as We may think fit (notwithstanding any purported appropriation by You); and
13.9.3 charge You interest (both before and after any judgment) on the amount unpaid, on a daily basis at the rate of four per cent (4%) per annum above HBOS Plc base rate from time to time, until payment in full is made.
14. Eligibility to Purchase
14.1. The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts under Scottish law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to Us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.ecommerce
14.2. The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
14.3. By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
15. Pricing including Low Price Guarantee and Price Match Promise
15.1 The price of the Goods shall be Our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in Our published price list current at the date of acceptance of the order. All prices quoted are valid for fourteen (14) days only or until earlier acceptance by You.
15.2 By giving notice to You at any time before delivery, We reserve the right to increase the price of the Goods to reflect any increase in the cost to Us which is due to any factor beyond Our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by You, or any delay caused by any instructions of You or failure of You to give Us adequate information or instructions.
15.3 Low Price Guarantee: If You find a lower price on an identical product within seven days of Your invoice date from another reseller, call Our Customer Services Department on 0844 472 0500 and We will promptly refund the difference after verification. Your identical product must be in stock and readily available from another UK reseller at a lower published price. For this purpose, compare the delivered price of Your order with the other reseller's delivered price, including any credit card surcharges and carriage charges. The Low Price Guarantee does not apply to competitor's one-of-a-kind or other limited-quantity offers, auction sites, special financing, installation, manufacturer's rebate, or when a bonus or free offer is included in the purchase. Some restrictions apply.
15.4 Mobile Number Portability: If You choose to bring Your number from a different network/service provider You are liable for the payment of any charges for doing so, along with all line rental incurred during the porting of Your number. If Your phone is disconnected for any reason during the transfer of Your number it may be irretrievably lost. Transferal of mobile numbers is done at Your own risk.
15.5 In the event that any amounts become due (including downgrades, early disconnections, missing or damaged returned goods, credit or debit card chargebacks, payment delays and dishonored cheques) We reserve the right to engage the services of a debt recovery agent. Charges incurred as a result of this action will be Your responsibility. In the event that Your tariff is downgraded within the first six months of Your initial connection date, We will charge You a minimum of £100+VAT per handset plus a £20 administration charge. If You are disconnected from Your network within six months of connecting We will charge You a minimum of £200+VAT per handset plus a £20 administration charge. If You have supplied Us with your Credit or Debit Card You hereby expressly authorise Us to deduct the amounts above should any of the above occur.
15.6 Orders involving mobile phones may on occasion take longer than normal fulfillment times because of the administration involved with the relevant networks.
15.7 Free gifts or products provided with goods will be provided only whilst stock is available. We reserve the right to substitute these gifts or products with items of equal or greater value at any time.
16. Product Delivery and Return Procedures
16.1 Unless, otherwise agreed, orders are shipped by private carrier service or by first class ordinary post. If We decide to any other method of delivery the additional cost shall be payable by You.
16.2 Any dates quoted for delivery of the Goods are approximate only and We shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Us in writing.
16.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by Us to deliver any one or more of the installments in accordance with these Conditions or any claim by You in respect of any one or more installments shall not entitle You to treat the Contract as a whole as repudiated.
16.4 If We fail to deliver the Goods for any reason other than any cause beyond Our reasonable control or Buyer's fault, and We are accordingly liable to Buyer, Our liability shall be limited to the excess (if any) of the cost to Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
16.5 In case of non-delivery or shortages, You must notify Us in writing within 48 hours (2) working days. In case of receipt of damage goods the receipt should be signed Damaged and We should be notified in writing immediately.
16.6 If You fail to take delivery of the Goods or fail to give Us adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to Us, We may:
16.6.1 store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage; or
16.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to You for the excess over the price under the Contract or charge You for any shortfall below the price under the Contract.
16.7 Money Back Guarantee: You shall in no circumstances be entitled to return any Goods without prior consent from Us. Money Back Guarantees are limited to specific products and must be documented on the invoice item to be valid. If You are not 100% satisfied with Your purchase, You may receive a prompt replacement or refund subject to the Return Material Authorisation procedures documented below. Shipping and insurance charges are not refunded. In order to receive a refund, Your purchase must be returned with carriage pre-paid. All items must be in "as new" ie first class saleable condition, in original undamaged packaging and with all manuals, accessories and include the original invoice. Any discrepancies will result in forfeiture of Your refund. A minimum 20% restocking fee and carriage costs will not be refunded (ie will be deducted from paid amount) against any returned items. Refunds on purchases made with a credit card will only be credited to the same card, statutory rights are not affected.
16.8 Returns Policy: Unless otherwise documented on the invoice We will cover any second-user or refurbished items with a thirty day (30-day) repair or replace warranty. All new goods will be covered with a one year return to manufacturer warranty, both warranties are valid from date of invoice. All goods, other than software, returned within the products warranty period from date of invoice, with original receipt, are eligible for repair or replacement. We will not accept the return or exchange of any item if Our Serial Label has been removed or broken. All Our warranties and technical support will not cover any product, software or components that have not been directly purchased from Us. Any damage, fault or virus defecting the original The Company product occurring due to user modification, including component and software implementation not supplied by Us will not be covered by any Seller warranty and We reserve the right to charge for any labour, parts and delivery charges incurred. Our telephone support will only cover goods supplied by Us and will not cover any enquiries relating to additional components or software purchased elsewhere.
16.9 Return Material Authorisation Procedure: Before returning any item You must call our Customer Service Department on 0871 900 6000 within the warranty period of the goods purchased, valid from the date of invoice, for a Return Material Authorisation (RMA) number and form. RMAs are valid for five days from date of issuance. The completed RMA form must be included within the packaging and the RMA number must appear on Your return packing label. Please do not write on the outside of the box. Returns will not be accepted without an RMA. Any faults or damage that is not documented on the The Company RMA form that may have occurred due to goods in transit will not be covered by the The Company Warranty documented above.
16.11 Any cost arising from the return of unwanted Goods which are in no way faulty must be paid by You.
17. Risk and Property
17.1 Risk of damage to or loss of the goods shall pass to You:
17.1.1 in the case of Goods to be delivered at Our premises, at the time when We notify You that the Goods are available for collection; or
17.1.2 in the case of Goods to be delivered otherwise than at Our premises, at the time of delivery or, if You wrongfully fail to take delivery of the Goods, the time when We have tendered delivery of the Goods.
17.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions the property in the Goods shall not pass to You until We have received in cash or cleared funds payment in full of the price of the Goods agreed to be sold by Us to You for which payment is then due.
17.3 Until such time as the property in the Goods passes to You, You shall hold the Goods as Our fiduciary agent and bailee, and keep the Goods separate from those of Your and third parties and properly stored, protected and insured and identified as Our property. Until that time You shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to Us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of Yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
17.4 Until such time as the property in the Goods passes to You, We shall be entitled at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith, to enter upon any premises of Yours or any third party where the Goods are stored and repossess the Goods.
17.5 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Ours, but if You do so all money owing by You to Us shall (without prejudice to any other right or remedy of Seller) forthwith become due and payable.
18. Intellectual Property and Right to Use
18.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied either as part of the Website or otherwise shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
18.2. You acknowledge and agree that the material and content contained within the Website etc is made available for Your personal non-commercial use. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
19. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
20. Limitation of Liability
20.1 Subject to the conditions set out below We provide a Manaufacturer's warranty that the Goods will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship for a period of twelve (12) months from delivery. We reserve the right, without prior notice, to discontinue any product or to change the design of a product.
20.2 The above warranty is given by Seller subject to the following condition:
20.2.1 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
20.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of Buyer are not affected by these Conditions.
20.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Us in accordance with Conditions, We shall be entitled to replace the Goods (or the part in question) free of charge or, at Our sole discretion, refund to You the price of the Goods (or a proportionate part of the price), but We shall have no further liability to You.
20.5 We shall not be liable to You by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Us, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by You, except as expressly provided in these Conditions.
20.6 Our obligations for any defect in the Goods shall not arise if You have attempted to rectify, alter or dismantle the Goods in any way.
20.7 We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Goods, if the delay or failure was due to any cause beyond Our reasonable control.
20.8 Disclaimer of Warranty, Title to Goods, Trademarks: We hereby expressly disclaim all warranties either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer in no way affects the term of any manufacturer's warranty. The title to purchased goods is retained by Us until goods are paid for by You in full. We reserves the right to repossess any goods that have not been paid for in full and invoice You for any legal, delivery and restocking costs incurred. All trademarks published are the property of their respective companies.
20.9 No Consequential Damages: In no event shall We, our subsidiaries or affiliates, or our respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not We have been advised of the possibility of any such damages.
20.10 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website or provide to You, We make no warranties, whether express or implied in relation to its accuracy.
20.11 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
20.12 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
20.13 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
20.14 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under Scottish law.
20.15 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
20.15.1 You should rely on the information (whether provided by Us or third parties);
20.15.2 We endorse the information, products or services provided by third parties; or
20.15.3 the product and services that We provide are suitable for You. It is Your responsibility to check this out. Some of the services on this site may not be available or may have changed.
20.16 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
20.17 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
20.18 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
20.18.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
20.18.2 any loss of goodwill or reputation; or
20.18.3 any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us;
20.18.4 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.