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| 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 Glentek Computers, whose
office is at Glentek Computers
3 Victoria Road
Wooler
Northumberland
NE71 6DX (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.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your
order. However, we do have the right to terminate the contract in the event that
the goods are unavailable, mis-priced or cleared funds are not received.
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
Supplier’s 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 we will not accept your order. If
after acceptance or job order the Supplier discovers within [14 days] of our
acceptance of your order that the goods are unavailable we may terminate the
contract 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 Supplier’s website
are accurate at the time you place your order. If an error is found within 14
days of accepting your order, 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 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 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 4.00 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 Supplier’s
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 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 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 Supplier’s 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 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
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).
7.2 To exercise your right of cancellation, you must give written notice to the
Supplier by hand, post or the enotes section of our website, giving details of
the goods ordered and (where appropriate) their delivery. Notification by phone
is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, 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 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 misdescribed 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 possibly
refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are canceling 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.
7.5 Except in the case of faulty or misdescribed 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.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12
months from the date of supply (unless otherwise stated). This warranty does not
affect your statutory rights as a consumer.
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
Supplier’s instructions, or any alteration or repair carried out without the
Supplier´s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the
Supplier in writing within 14 days.
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, as soon as possible, but in any event within 14 days of the date you
discovered or ought to have discovered the damage, defect or complaint.
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. Data Protection
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.
11. Images
Product images are for illustrative purposes only and may differ from the actual
product.
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.
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