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Terms and Conditions of Sale
Terms and Conditions of Sale
Please read these sale terms carefully before placing your order and print off and retain a copy of these terms and your order for future reference:
1. Definitions.
1.1. Buyer: means the person or organisation that agrees to buy the goods and to whom the goods are invoiced.
1.2. Seller: means PC Specialist Ltd.
1.3. Price: means the price paid for the goods and services, including VAT, and as set out on the order confirmation.
1.4. Order Confirmation: means the document supplied by the Seller to the Buyer setting out all the goods and services to be supplied and the price to be paid including VAT.
1.5. Goods: means the items as set out and detailed on the order confirmation.
1.6. Hardware: means physical and integral components that form part of any product supplied.
1.7. Software: means Software programmes that require installation, by the buyer and require a licence for use.
1.8. Consumables: means items that have a limited use, owing to their nature and require renewal, by the Buyer, from time to time.
1.9. Estimated Delivery Date: means the estimated number of working days on which any Computer System is estimated to take to manufacture, test and dispatch.
1.10. Working Day: means any day Monday - Friday 9am - 5pm and specifically excluding bank holidays.
1.11. Delivered & Delivery: means the day on which the Buyer collects the goods or the day on which the goods are delivered to the Buyers address.
1.12. Terms and Conditions: means the contract as set out in this document.
1.13. Contract: means the contract between the Buyer and the Seller and to which these terms and conditions relate.
1.14. Reasonable Period of Time: Time in which the Buyer should examine the goods to ascertain their conformity with the contract.
1.15. Consumer Buyer: means an individual not acting for the purposes of his or her profession.
1.16. Business Buyer: means an individual, company or other organisation acting for the purposes of their profession.
2. Formation of the contract.
2.1. These terms of sale apply to all goods supplied by PC Specialist Limited, registered in England and Wales no. 4777867 ("the seller") ("the company") whose registered office is at Units 20 + 20A Brockholes Business Park,Rock Mill Road,Brockholes,Holmfirth,HD9 7BN.
2.2. No contract exists between you and the seller for the sale of any goods until the seller has received and accepted your order and sends you confirmation by email to the email address you have given. Once the seller does so, there is a binding legal contract between the buyer and the seller..
2.3. The contract is subject to your right of cancellation (see clause 6 below).
2.4. The seller may change these terms of sale without notice to you in relation to future sales.
3. Description and price of the goods.
3.1. The description and price of the goods you order will be as shown on the seller's website at the time you place your order.
3.2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the seller 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.
3.3. Every effort is made to ensure that prices shown on the seller's website are accurate at the time you place your order. If an error is found, the seller 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 you cancel, the seller will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.4. In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the seller's website about delivery or on the basket/checkout page.
3.5. If you order a motherboard or graphics card which uses Shared Memory Architecture (SMA), you agree that you understand that this technology uses memory from the system RAM to function as specified. For further information, please see http://www.pcspecialist.co.uk/pc-help/#48.
3.6. The price of the goods and delivery charges are inclusive of VAT (if payable).
3.7. While we try and ensure that all prices on our web site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
3.8 The Home Installation services do not include the following:
- E-mail / internet subscription, and the subscription must already be up and running.
- We cannot guarantee that your existing peripherals (printers, scanners etc) will work with the new computer because of potential compatibility issues or unavailability of the right drivers.
- Cables and/or components.
- Data back-up or virus removal (note viruses may prevent the carrying out of this service).
- Installation of application software.
- Transfer of files from machines older than 5 years old, running an operating system older than Windows 98, or with a processor below Intel 386 or equivalent.
4. Payment
4.1. Payment for the goods and delivery charges can be made by any method shown on the seller's website at the time you place your order.
4.2. For all orders placed, unless specifically agreed otherwise, payment will be taken before the order will be processed. This includes credit and debit cards, which will be debited at the time when the order is placed and not when the order is dispatched.
4.3. The seller reserves the right to request further information from the buyer in order to perform CNP (cardholder not present) checks on payments received for the purpose of avoiding fraud. This is in the interest of all card holders.
If the buyer does not make a reasonable attempt to provide further information upon request the order may be cancelled or the delivery address amended to the registered card address at the seller's discretion.
4.4. The seller will act responsibly when performing CNP fraud checks. Any information obtained from the buyer to aid the seller with fraud checks will not be disclosed to any 3rd party and will be used solely for the purpose of CNP fraud checking,
with the exception of a CNP fraud circumstance in which information may be provided to the seller's and/or cardholder's bank, local authorities and/or the police.
5. Delivery
5.1. The goods you order will be delivered to the address you give when you place your order.
5.2. Delivery will be by the seller's choice of courier.
5.3. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
5.4. Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the seller will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the seller will inform you as soon as possible.
5.5. The buyer will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to the specified delivery address.
5.6. Orders placed under one of the seller's "Fast-Track" options are subject to the following clauses:
- The Fast-Tack delivery service guarantees a dispatch within the specified number of working days after the order is placed and paid for. Working days are Monday to Friday excluding bank holidays.
- If an order is placed and paid for before 12 noon on a working day, that day counts as day one. If an order is placed on or after 12 noon, the next working day counts as day one.
- The Fast-Track service does not take into consideration the delivery method selected with the order and no compensation will be offered for delays in delivery caused by the courier or any other 3rd party involved from the moment the order is dispatched.
- If the seller fails to dispatch the order within the specified timescale from receipt of payment, the cost of the fast-track service will be refunded by the original payment method or by cheque at the discretion of the seller.
- Should the seller fail to dispatch the order within the specified timescale from receipt of payment, the buyer is entitled to cancel the order and receive a full refund, providing they do so no later than one working day after the specified timescale.
- For orders placed under a finance agreement, day one of the fast-track service starts when we receive confirmation to process the order from the finance company. This could be several days after the order is placed, because the buyer will need to physically post agreement documents to the finance company.
- The "Dispatch By" date specified on ordering by credit/debit card or through Google Checkout only becomes effective once the order has been placed and payment has been taken successfully. If payment is not initially successful, the date may be adjusted once successful payment is received.
- The seller reserves the right to withdraw the "Fast-Track" option from any order if the seller is not satisfied with section 4.3 and 4.4 of the terms and conditions as detailed above.
5.7. When you sign for the goods (i.e. sign the couriers delivery sheet), you are accepting the goods in the condition that you receive them. Once the goods have been signed for in the condition that you receive them, the liability for any physical damage to the goods is released from the couriers responsibility and becomes yours. IT IS STANDARD PRACTICE TO CHECK THE CONTENTS FOR PHYSICAL DAMAGE BEFORE YOU SIGN FOR THEM AND BY ACCEPTING OUR TERMS AND CONDITIONS YOU AGREE TO ONE OF THE FOLLOWING:
- If the goods are damaged before you sign for them, you will sign for them as "damaged goods" or according to the condition that they have been received in order to maintain your delivery insurance.
- If you cannot check the goods before signing for them, you (or the person who signs for them) must sign for them as "unchecked" in order to maintain your delivery insurance.
Failure to comply with the terms will void your delivery insurance on the computer, and if there is physical damage you will have to pay for the repair.
5.8. Delivery to Channel Islands will attract a £39 delivery surcharge. No VAT will be charged on shipments to the Channel Islands, but you must contact us before ordering to arrange this.
5.9. If you would like to collect your order from our premises, after having arranged a suitable date and time with a member of our staff you must bring along with you suitable identification to prove your name and invoice address.
6. Your Right of Cancellation.
The right of cancellation is governed by the "Distance Selling Regulations 2000" which can be read here.
6.1. You have the right to cancel the contract from the date the order was placed and up to seven working days after delivery, (beginning the day after delivery). The goods must be unopened and in a perfect resellable condition. Goods made to the buyers chosen specification (i.e. custom built) as described in section 13 of the Distance Selling Regulations 2000 cannot be returned under the 7 working day "cooling off period". Please see 13 of the Distance Selling Regulations 2000 for further information.
6.2. To exercise your right of cancellation, you must provide notice to the seller by writing to PC Specialist Ltd, Units 20 + 20A Brockholes Business Park, Rock Mill Road, Brockholes, Holmfirth, HD9 7BN giving details of the goods ordered and (where appropriate) their delivery.
6.3. Once you have notified the seller that you are cancelling the contract, the seller will refund or re-credit you within 30 days for any sum that has been paid by you for the goods excluding any direct charges incurred by the seller.
6.4. Refunds cannot be given for any software purchased that has been opened (i.e. seal or outer packaging removed) or activated, as activated software is tied to the user and computer used to activate it. Providing the operating system (i.e. Windows XP) has not been activated, a refund will be issued for the operating system on cancelling the contract. Please see section 13d of the Distance Selling Regulations 2000 for further information.
6.5. The Buyer has a duty of care, under these terms, to take care of the goods so that they may be sold again as new, by the Seller. The Seller will claim, from the Buyer, for the resulting loss in value for goods not kept so that they may be sold again as new. The Buyer must make the goods freely available at the original delivery address, to the Seller or his agent, within 21 days of cancellation, for collection on a working day.
6.6. In rare circumstances and subject to the ultimate discretion of the seller, the company may issue a part or full refund even if the company is complying with the Distance Selling Regulations 2000, for the convenience and well-being of the customer.
6.7. If you wish to cancel an order for a computer that has been built and/or tested but not yet dispatched, a cancellation charge of £30 + VAT will apply. This is to cover the costs incurred by us processing your order.
6.8. Any orders that are returned within the 7 working day cooling off period will be subject to the costs of recovering the goods. This includes but not limited to the cost of packaging the goods, delivering the goods, collecting the goods and other recovery costs.
7. Warranty
7.1. All goods supplied by the seller are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
7.2. Goods found to be defective under the warranty will be repaired or replaced with an item of an equal or better performance and equal or better value at the original time the order was placed.
7.3. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage or accident.
7.4. 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 seller in writing at the address shown below.
7.5. If an item purchased from PC Specialist Ltd is returned to the company and found not to be defective, you will be charged for the return delivery costs of the item as well as the collection costs. This currently stands at £35 + VAT. We reserve the right to charge for labour if we deem this is necessary.
7.6. We offer a 1 month (1 calendar month) free collection and re-delivery service for computer systems and laptops delivered to the UK mainland, Highlands/Islands & Northern Ireland only. Day 1 is the day you receive the item. Should your computer system/laptop develop a defect within the specified free collection period after the delivery date, we will collect the item from you, and repair or replace it with an item identical or of equal value as soon as practicably possible. A repair will be attempted before a replacement providing the repair will be to a satisfactory quality.
7.7. The buyer will be responsible for ensuring the item is packaged suitably and safely until we confirm the item has arrived back to us safe and secure. If the item arrives back to the seller damaged and was not sent back in the original packaging provided by the seller, the buyer will be responsible for the cost of repair and the labour costs of repair. We will only confirm that the item has arrived back to the seller in a satisfactory condition once we have opened the item and one of our employees has inspected the item. We strongly recommend that you keep the original packaging that your computer system/laptop arrives in for the purpose of returning an item back to us if necessary. If you require a new set of packaging please do not hesitate to contact us on 0844 499 4000. Once the item has been repaired/replaced, we will then deliver the item back to you free of charge. Any "loss of earnings" or inconvenience caused as a result of a failure of any item purchased from the seller will not be compensated for.
7.8. All TFT monitors come with a 3 year onsite warranty. Should your TFT monitor develop a defect within these 3 years, you will be able to deal directly with the monitor manufacturer in obtaining a repair/replacement. Should you wish to return it to the seller, the seller will then deal directly with the monitor manufacturer in order to obtain a repair/replacement.
7.9. Hewlett Packard printers: In the event of a fault/failure, Hewlett Packard will deal directly with you and repair/replace this item if necessary. The Hewlett Packard customer services telephone number is 0870 010 4320.
7.10. Keyboards, mice, speakers, printers, monitors, cathodes and Neon lighting are not covered by the seller's specified free collection and delivery service and will need to be returned to us at the buyer's expense. The maximum warranty period on keyboards, mice, speakers, printers or monitors is 1 year (or as extended by the Manufacturers).
7.11. All our LCD panels should be considered as class 2, which comply with ISO 13406-2. Dead pixels on LCD panels are covered under the manufacturers' warranty terms and conditions. We do not guarantee that you will receive a replacement LCD screen should your screen develop one or more dead pixels.
7.12. Laptop Batteries come with a maximum 6 month warranty, regardless of which warranty option is purchased.
7.13. If you receive damaged or deficient goods, you will need to notify the seller within 3 working days in order to qualify for free collection, repair or replacement. If you do not notify us of any damage (i.e. cracked case) within 3 working days, you will not be able to return the items to us for repair or replacement.
7.14. Will I void my warranty if I open the case and install my own components?
Unlike with most computer manufacturers, we allow you to open your case and install your own components without voiding your warranty providing that:
- You understand that if the actions of the person installing the components cause damage to the computer, your warranty will be void.
- You understand that if the components you install cause problems with your computer, your warranty will be void.
- You understand that we will in no way support you installing your own components or with any problems you have relating to the components you have installed.
- You understand that we have over 30 different measures in place to detect if a component has been moved/removed and if you have moved/removed a component, your warranty will be void. You are only entitled to add extra components to your computer.
Basically, if you add a component to your computer and all goes well, you will still have a warranty. In any other circumstance, your warranty will be void.
If you are unclear about anything, or wish to discuss any possible loop-holes, you understand and accept that you must email us and have written confirmation from us before you make any changes to your computer configuration. Otherwise you are welcome to add components to your computer.
7.15. All system returns must be collected by our courier once you have been issued with a valid RMA number. If you choose to return a system by your own means or without a valid RMA number, the costs of this will not be compensated for.
7.16. Should you take your computer system, monitor, keyboard or mouse, TV or any other peripheral to another computer company, repair company or computer technician and have them attempt to diagnose or repair a fault on the computer, you may VOID all warranties on the order and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties. If you have any problems with your order you must
contact the seller for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure.
7.17. If a product is returned to us without a valid RMA number or PK reference, delivery will be rejected.
8. Data Protection.
8.1. The seller receives orders and payments via a secure server and the seller will take all reasonable precautions to keep the details of your order and payment secure, but unless the seller is negligent, the seller will not be liable for unauthorised access to information supplied by you.
8.2. The seller will only use the information you provide about yourself for the purpose of fulfilling your order.
9. Designs etc.
9.1. All designs, copyright and other intellectual property rights associated with the goods belong to the seller and/or the manufacturer of the goods.
10. Applicable Law.
10.1. 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.
Returns Address:
PC SPECIALIST LTD
Units 20 + 20A Brockholes Business Park
Rock Mill Road
Brockholes
Holmfirth
HD9 7BN
Email Address:
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