|
Consumer Terms of Sale
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference
1. Format of the Contract
| 1.1 |
These terms of sale apply to all goods supplied by UK Gaming Computers,
whose registered office is at 106 Halstead Road, Colchester, Essex, CO3 0JR. (the "Supplier"). |
| 1.2 |
No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order and the Supplier has
received payment in full (in cleared funds). Once the Supplier does so, there
is a binding legal contract between us. |
| 1.3 |
By way of clarification, an acknowledgement of your order will be sent to
you via e-mail when you place your order, but acceptance of your offer to buy
the goods will not take place until after your payment is taken and you receive
your acceptance e-mail. It is at this point that a binding legal contract is
created and any contract is subject to these Terms and Conditions. |
| 1.4 |
The contract is subject to your right of cancellation (see below). |
| 1.5 |
The Supplier may change these terms of sale without notice to you in relation
to future sales. |
2. Description and price of the goods
| 2.1 |
The description and price of the goods you order will be as shown on the
Supplierīs website at the time you place your order. |
| 2.2 |
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. |
| 2.3 |
Every effort is made to ensure that prices shown on the Supplierīs 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 goods. |
| 2.4 |
In addition to the price, you may be required to pay a delivery charge for
the goods. |
3. Payment
| 3.1 |
Payment for the goods and delivery charges can be made by any method shown
on the Supplierīs 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 immediately. |
| 3.2 |
There will be no delivery until cleared funds are received. |
| 3.3 |
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. |
|
|
4. Delivery
| 4.1 |
The goods you order will be delivered to the address you give when you place
your order, except that some deliveries are not made outside the United Kingdom. |
| 4.2 |
Orders placed before 3.00 pm on a working day will be processed that day
and will be delivered as per the requested delivery option provided no additional
security checks are required and all stock items are available. (A working day
is any day other than weekends and bank or other public holidays.) |
| 4.3 |
If delivery cannot be made to your address for reasons under the Supplierīs
control the Supplier will inform you as soon as possible. |
| 4.4 |
If you 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:
| 4.4.1 |
Store the goods until actual delivery and charge you for reasonable costs
(including insurance) of storage; or |
| 4.4.2 |
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. |
|
| 4.5 |
If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall 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. |
| 4.6 |
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. |
| 4.7 |
Upon receipt of your order you will be asked to sign for the goods received
in good condition. If the package or product does not appear to be in good condition then
please refuse the delivery. Any signature confirms that you are accepting the goods in the condition you recieve them. If you are unable to check the contents of your
delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter. |
5. Risk/Title
| 5.1 |
The goods are at your risk from the time of delivery. |
| 5.2 |
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:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you
on any account. |
| 5.3 |
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
| 6.1 |
If you are a business customer until ownership of the goods has passed to
you, you must:
| 6.1.1 |
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 Supplierīs property; |
| 6.1.2 |
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 Supplierīs 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 |
| 6.1.3 |
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 account. |
|
| 6.2 |
If you are a business customer your right to possession of the goods shall
terminate immediately if:
| 6.2.1 |
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 grant-ing
of an administration order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency; or |
| 6.2.2 |
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 |
| 6.2.3 |
you encumber or in any way charge any of the goods. |
|
7. Your right of cancellation
| 7.1 |
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). This right may only be
exercised if the packaging is not opened and the goods are returned unused. |
| 7.2 |
To exercise your right of cancellation, you must give written notice to
the Supplier by hand, post or the email / contact us section of our website,
giving details of the goods ordered and (where appropriate) their delivery.
Notification by phone is not sufficient. |
| 7.3 |
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. |
| 7.4 |
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. In all
cases, as per Distance Selling regulation we will deduct the
delivery / carriage costs from the refund amount. You must
return the goods to us at your own expense using an insured
courier service. There will be a charge of Ģ25, if you would
like us to collect the goods via our own courier instead of
sending the items yourself.. Such refund
will be made after deducting reasonable costs for services rendered such as
postage costs, credit card processing charges, and PC assembly costs (in the
case of custom built computers). |
| 7.5 |
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. |
| 7.6 |
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. Custom PC systems
that are built to customer specifications and the following
cancellation charges apply:
| Stage |
Custom Build and built-to-order |
| Paperwork Stage (within 48 hours of
placing the order)
|
higher of Ģ25 or 5% of Invoice Value |
| Components Allocated and Build has
commenced |
higher of Ģ50 or 10% of Invoice Value |
| Build has been completed |
higher of Ģ75 or 15% of Invoice Value |
| Item despatched, received and in use by
customer |
higher of Ģ125 or 25% of Invoice Value |
|
| 7.7 |
Once you confirm your order as correct a standard
cancellation fee will be at the expense of the customer. |
| 7.8 |
An order cancelled in transit will incur the standard
cancellation fee plus additional transit costs at the expense of
the customer. |
| 7.9 |
In the event of an order returned due to non-delivery, the
transit costs will be at the expense of the customer. |
8. Warranty
| 8.1 |
All goods (excluding TFT's - see 8.5 & 8.6 below) supplied by the Supplier are warranted free from defects for 12
months from the date of invoice. This warranty does
not affect your statutory rights as a consumer. Where goods are provided
with a warranty period greater than 12 months, the first 12
months of the warranty covers all parts and labour costs, where
as any subsequent period of the warranty cover only relates to
labour costs only. e.g. If a product is sold with a 3 year
warranty, the first 12 months covers parts and labour, and the
next 24 months covers labour costs only, unless otherwise stated. |
| 8.2 |
This warranty does not apply to any defect in the goods arising from fair
wear and tear, wilful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure to follow the Supplierīs
instructions, or any alteration or repair carried out without the Supplierīs
approval. |
| 8.3 |
If the goods supplied to you are damaged on delivery, you should notify
the Supplier in writing via the Contact Us section of the website within 48
hours of delivery. Risk and Title of the goods is with the buyer at point of delivery dispatch. It will be upto you, the buyer to pursue delivery claims. The supplier may do this on your behalf at thr supplier's discretion. |
| 8.4 |
If the goods supplied to you develop a defect while under warranty or you
have any other complaint about the goods, you should notify the Supplier in
writing via the Contact Us section of the website, as soon as possible, but
in any event within 3 days of the date you discovered or ought to have discovered
the damage, defect or complaint. Failure to do so will mean that the said
defect occurred at the time when it is actually reported to us. |
| 8.5 |
All TFT'S supplied by the Supplier are provided with a 12
month Return to Base Warranty from the date of invoice. |
| 8.6 |
As with most online computer retailers, the above warranty
excludes dead pixel issues so long as they fall within the level
of Acceptable Defects as defined in ISO 13406-2. All TFT
Monitors sold by the Supplier fit the ISO13406-2 Spec in Class
II, which is the common class for consumer equipment.
Click here to learn more |
| 8.7 |
Where parts are covered by manufaturer warranty the retailer may pursue replacement parts from the retailers supplier or manufaturer.
In the event of fault emanating from a manufacture or design fault, it may be necessary for the machine to be returned to the manufacturer for fault diagnoses, repair and test. |
| 8.8 |
Repair times will be completed within 3-30 days. Extreme cases may take longer due to 3rd party involvement. |
| 8.9 |
It is the purchaser's responsibility to ensure that adequate back-ups of all applications, operating systems and data are maintained . Software defects are not covered under warrenty by the retailer. |
| 8.10 |
Your warrenty will be void if you open your computer case without prior written permission from UK Gaming Computers. We allow you to install addtional upgrades and keep your warrenty intact however you still must have written permission by us. |
| 8.11 |
Returns to us must be preaprroved in writing. Products returned without this approval will be rejected. |
9. Limitation of Liability
| 9.1 |
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:
| 9.1.1 |
There is no breach of a legal duty owed to you by the Supplier or by its
employees or agents; |
| 9.1.2 |
Such loss or damage is not a reasonably foreseeable result of any such
breach; |
| 9.1.3 |
Any increase in loss or damage resulting from breach by you of any term
of this contract. |
|
| 9.2 |
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. |
| 9.3 |
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. |
10. Product Liability
| 10.1 |
Product liability remains with the manufacturer of the components |
11. Data Protection
| 11.1 |
The 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. |
12. Images
| 12.1 |
Product images are for illustrative purposes only and may differ from the actual
product. |
13. Copyright
| 13.1 |
All designs, copyright and other intellectual property rights associated with the goods and information belong to the seller and/or the manufacturer of the goods. |
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
UK Gaming Computers
|