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Distance selling regulations & Computer Technology Stoke Limited & Internet CT
Customer Returns Computer Technology Stoke Limited & Internet CT
Unit 1 Brownhills Business Park, Canal Lane, Tunstall, Stoke-on-Trent, Staffordshire. ST6 4RP.
1. Format of the contract
i. No contract exists between you and the
Supplier for the sale of any goods until the Supplier has received and
accepted the transaction and the Supplier has received payment in full
(in cleared funds) from an account with a PayPal confirmed postal
address and stock is available.
ii. By way of clarification, an
acknowledgement of your payment will be sent to you from PayPal or
similar order taking company on our behalf via e-mail when you place
your order. It is at this point that a binding legal contract is created
and any contract is subject to these Terms and Conditions.
iii. The contract is subject to your right of cancellation (see below).
iv. The Supplier may change these terms of sale without notice to you in relation to future sales.
v. To order goods through the Company
website you must be at least 18 years of age. We will treat each order
for goods as an offer by you to purchase the goods subject to these
terms and conditions.
vi. In order for the company to give the
customer advise the company will require the exact make and model of the
products the purchased item will be paired with and the precised
intended use of the product to be purchased from the company otherwise
the Company cannot give any assurance as to the mutual compatibility of
components sold on any single invoice. When goods are purchased on a DIY
basis (do it yourself) it is the responsibility of the buyer to ensure
that the goods purchased are suitable for the purpose intended. Advice
sought by the customer from the Company in this respect may be given but
the consumer cannot be guaranteed by the Company unless the Company has
access to the working system and the ability to carry out a full
inspection of any software or operating system and the customer has this
advise in writing.
vii. Except as may be implied by law where
the buyer is dealing as a consumer, in event of any breach of these
Conditions by the Company the remedies of the buyer shall be limited to
damages which shall in no circumstances that are not reasonable
foreseeable exceed the price of the goods and the Company shall under no
circumstances be liable for any indirect, incidental or consequential
viii. These terms and conditions are subject only to UK law.
2. Description and price of the goods
i.The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
ii. The goods are subject to availability.
If on receipt of your order the goods you have ordered are not
available in stock, the Supplier will inform you as soon as possible and
refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
iii. Every effort is made to ensure that
prices shown on the Supplier´s website are accurate at the time you
place your order. If an error is found, the Supplier will inform you as
soon as possible and offer you the option of reconfirming your order at
the correct price, or cancelling your order. If the Supplier does not
receive an order confirmation within 14 days of informing you of the
error, the order will be cancelled automatically. If you cancel the
order, or if the order is cancelled automatically due to the expiry of
the 14 day period, the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the
iv. In addition to the price, you may be
required to pay a delivery charge for the goods, where these charges
apply they will be displayed before payment is made.
i. Payment for the goods and delivery
charges can be made by any method shown on the Supplier´s website at the
time you place your order. Payment shall be due before the delivery
date and time for payment shall be a fundamental term of this agreement,
breach of which shall entitle the Supplier to terminate the contract
ii. There will be no delivery until cleared funds are received.
iii. Payments shall be made by you without
any deduction whatsoever unless you have a valid court order requiring
an amount equal to such deduction to be paid by the Supplier to you.
iv. The Company reserves the right to levy
charges for any of the following services: Inspection of any piece of
computer equipment and installation / replacement of either software or
hardware - Use of credit / debit cards or rapid cheque clearance
facilities, Diagnosis and testing of any problems encountered with any
piece of hardware or software, Recovery of any hardware or software
problems and backup of any data when requested by the customer.
v. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
i. The goods you order will be delivered
to the paypal confirmed address given by your account when you place
your order and are only shipped to UK mainland destinations.
ii. Orders placed before 4.30 pm on a
working day will be processed that day and will be delivered in a
reasonable time scale, stock permitting. If the goods are not shipped
within 3 working days we will contact you by email.
iii. If delivery cannot be made to your
address for reasons under the Supplier´s control the Supplier will
inform you as soon as possible.
iv. If you have not informed the company
that you are cancelling the order under the Distance Selling Regulation
(2000) and then deliberately fail to take delivery of the goods
(otherwise than by reason of circumstances under control of the
Supplier) then without prejudice to any other right or remedy available
to the Supplier , the Supplier may:
store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
sell the goods at the best readily
obtainable price and (after deducting all reasonable storage and selling
expenses) account to you for any excess over the price you agreed to
pay for the goods or charge you for any shortfall below the price you
agreed to pay for the goods.
v. If you fail to take delivery by none
collection of the goods because you have cancelled your contract under
the Distance Selling Regulations without informing the company of the
whereabouts of the products the Supplier shall only refund or re-credit
you within 30 days for any sum that has been paid by you or debited from
your credit card for the goods. On exercising your right to cancel you
shall be required to return the goods to the Supplier. Should you fail
to return the goods, the Supplier reserves the right to deduct any
direct costs incurred by the Supplier in retrieving the goods as a
result of such failure.
vi. The Company will not accept liability
for goods lost in transit unless we are notified within 5 working days
from the expected delivery date. This will be the date advised on the
Customers automated dispatch note which is emailed to the Customer once
the items have left our warehouse.
vii. Should you require the goods to be
redirected to another address after the goods have been dispatched you
may be required to pay an additional postage charge.
viii. Every effort will be made to deliver
the goods as soon as possible after your order has been accepted.
However, the Supplier will not be liable for any loss or damage suffered
by you through reasonable or unavoidable delay in delivery. In this
case, the Supplier will inform you as soon as possible.
ix. Upon receipt of your order you will be
asked to sign for the goods received in good condition only if they
appear from the outside packaging to be in good order. If the package
does not appear to be in good condition then please refuse the delivery.
If you are unable to check the contents of your delivery at the point
of delivery then it is helpful if you could please sign for the parcel
as UNCHECKED. Failure to do so may affect any warranty claims that you
x. Whilst every effort shall be made to
keep any delivery date, time of delivery shall not be of the essence.
The Company shall not be liable for any consequential loss incurred by
the buyer or any other person or company arising directly or indirectly
out of any failure to meet any estimated delivery date.
xi. Unless otherwise agreed the Company
may deliver by more than one delivery and in such case each delivery can
be treated as a separate contract and any delay, default or
non-delivery in respect of any instalment by the Company shall not
entitle the buyer to cancel the remainder of the Contract except when
cancelled under the Distance Selling Regulations (2000).
xii. Delivery charges are calculated by
weight and number of packages being sent within UK mainland only. There
will also be additional delivery charges for offshore destinations such
as Ireland, the Highlands of Scotland and other remote areas these
surcharges are non-refundable
xiii. Any refused deliveries that will be
returned to the supplier incurrs costs. Upon receipt of the goods to the
supplier a refund will be issued less of the value of the charge made
by the shipping company to return the goods eg Royal Mail do not charge
for return to sender so no money would be deducted however some shipping
companies may charge a handling charge which may in whole or part be
deducted from the refund.
i. The goods are at your risk from the time of delivery.
ii. Ownership of the goods shall not pass
to you until the Supplier has received in full (in cash or cleared
funds) all sums due to it in respect of:
a. the goods, and
b. all other sums which are or which become due to the Supplier from you on any account.
iii. The Supplier shall be entitled to
recover payment for the goods even though ownership of any of the goods
has not passed from the Supplier.
6. Title for Business Customers
i. If you are a business customer until ownership of the goods has passed to you, you must:
a. store the goods (at no cost to the
Supplier) separately from all your other goods and goods of any third
party in such a way that they remain readily identifiable as the
b. not destroy, deface or obscure any
identifying mark or packaging on or relating to the goods; maintain the
goods in satisfactory condition and keep them insured on the Supplier´s
behalf for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce the policy of
insurance to the Supplier; and
c. hold the proceeds of the insurance
referred to in condition 6.1.2 on trust for the Supplier and not mix
them with any other money, nor pay the proceeds into an overdrawn bank
ii. If you are a business customer your right to possession of the goods shall terminate immediately if:
a. you have a bankruptcy order made
against you or make an arrangement or composition with your creditors,
or otherwise take the benefit of any statutory provision for the time
being in force for the relief of insolvent debtors, or (being a body
corporate) convene a meeting of creditors (whether formal or informal),
or enter into liquidation (whether voluntary or compulsory) except a
solvent voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or
administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the granting of an administration order in
respect of you, or any proceedings are commenced relating to your
insolvency or possible insolvency; or
b. you suffer or allow any execution,
whether legal or equitable, to be levied on your property or obtained
against you or you are unable to pay your debts within the meaning of
section 123 of the Insolvency Act 1986 or you cease to trade; or
c. you encumber or in any way charge any of the goods.
iii. Business customers are exempt from returning items within 7 days under the distance selling act.
iv. Trade customers are liable for all carriage costs.
7. Your right of cancellation
i. You have the right to cancel the
contract at any time up to the end of 7 working days after you receive
the goods (see below).
ii. To exercise your right of
cancellation, you must give written notice to the Supplier by hand, post
or via email , giving details of the goods ordered and (where
appropriate) their delivery. Notification by phone is not sufficient.
iii. Except in the case of faulty or
mis-described goods, if you exercise your right of cancellation after
the goods have been delivered, you will be responsible for returning the
goods to the Supplier at your own cost. The goods must be returned to
the address shown within the Returns on Line section of the website. You
must take reasonable care to ensure the goods are not damaged in the
meantime or in transit. In the case of faulty or mis-described goods we
shall, after receiving notification in accordance with clause 8.3 or
8.4, either collect the goods from you or ask you to return the goods
yourself and refund your reasonable postage costs, the exact postage
must be agreed in writing BEFORE the goods are returned.
iv. Once you have notified the Supplier
that you are cancelling the contract, the Supplier will refund or
re-credit you within 30 days for any sum that has been paid by you or
debited from your credit card for the goods.
v. Except in the case of faulty or
mis-described goods, if you do not return the goods as required, the
Supplier may charge you a sum not exceeding the direct costs of
recovering the goods.
vi. You do not have the right to cancel
the contract if the order is for computer software which has been
unsealed by you, or for consumable goods which, by their nature, cannot
be returned, save where a fault is discovered which could not have been
discovered otherwise than by unsealing the goods
vii. Once you confirm your order as
correct except where the Distance Selling regulations apply a standard
cancellation fee will be at the expense of the customer.
viii. An order cancelled in transit
(except where cancelled under the Distance Selling regulations) will
incur the standard cancellation fee plus additional transit costs at the
expense of the customer.
ix. In the event of an order returned due
to non-delivery due in part or whole to the customer, the transit costs
will be at the expense of the customer unless cancelled under the
Distance Selling Regulations and reasonable notice given.
8. Limitation of Liability
i. Subject to 9.2 below, if you are a
consumer the Supplier shall not be liable to you for any loss or damage
in circumstances where:
a. there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
b. such loss or damage is not a reasonably foreseeable result of any such breach;
c. any increase in loss or damage resulting from breach by you of any term of this contract.
ii. Nothing in these conditions excludes
or limits the liability of the Supplier for death or personal injury
caused by the Supplier´s negligence or fraudulent misrepresentation.
iii. If you are a business customer the
Supplier shall not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (howsoever caused) which arise out
of or in connection with this agreement.
9. Returns Policy
i. Where the company has a return to base
warranty on the goods purchased it is the responsibility of the buyer to
return and collect goods to/from the Company’s premises. (See
definition for The Company).
ii. Although you are not required by law
to request a returns reference number (RMA -Return Merchandise
Authorisation) if you do not this could delay the returns process goods.
Once the RMA number has been requested and obtained from the Company,
the package clearly marked on the outside with this identification the
company has a returns department that will deal with the matter very
iii. It is the customer's responsibility
to take reasonable care of the goods whilst in their possession. If this
condition is not met the Company reserves the right to make a
reasonable charge for restocking and resale at a price that is less than
that charged for the goods if sold as new. This charge will vary
according to the condition of the returned goods. This provision is
designed to ensure that returned goods can be sold again as new.
iv. Computer Systems built to the
customer’s individual specifications are exempt from the right to cancel
under the Distance Selling Regulations.
v. If the buyer properly rejects any of
the goods in accordance with the Distance Selling Regulations within 7
working days in writing, the buyer shall nonetheless be responsible for
the return cost of the goods.
vi. Non-faulty items returned to our
premises complete in the original packaging together with manuals and
software disks within 7 working days of purchase may obtain a credit
note or refund. All software must be unused and sealed within the
original packaging. Outside of 7 working days, non faulty items will not
be exchanged or a credit note offered under any circumstances. Full
refunds will not be considered if the goods are damaged in any way and
seals broken invalidating any warranty.
vii. The Company gives no assurance as to
the mutual compatibility of components sold on any single invoice unless
the customer informs the company that the items on a single invoice are
to be used with each other. It therefore is the responsibility of the
buyer to ensure that the goods purchased are suitable for the purpose
intended, in simple terms we cannot know what the intended purpose is
unless the customer informs us. Advice sought by the customer from the
Company in this respect may be given but cannot be relied upon by the
customer or guaranteed by the Company unless the Company has access to
the working system and the ability to carry out a full inspection of the
items components the purchased item will be expected to work with.
viii. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
ix. Once a customer breaks the seal on
software purchased they lose the right to cancel the sale. The company
will not accept returned software and/or licences that have been
registered under any circumstances, damaged replacement disks may be
exchanged if proven to be damaged on delivery,
10. Data Protection
Supplier will take all reasonable precautions to keep the details of
your order and payment secure but unless the Supplier is negligent, the
Supplier will not be liable for unauthorised access to information
supplied by you.
i. Product images are for illustration only, the supplied product may vary.
1. All refunds are made to the payment source therefore
2. Paypal payments can only be refunded to the same Paypal account payment was made
3. Payment via credit or debit card can only be refunded to the card that payment was taken from
Registered in England: 6969517 - VAT Registered: 982339881 Computer Technology Stoke Limited © 2017