This document contains a lot of information some of which is legal in nature. We have tried to make this as clear as possible and would encourage you to read this carefully before ordering any Goods and/or Services from us. When you order Goods from this Website you agree to be bound by these Terms and Conditions.
| 1 | Meanings of words used by us |
| 1.1 | "Agreement" is a reference to these Terms and Conditions, the Returns Policy, the Privacy Policy and any order form and payment instructions provided to you; |
| 1.2 | "Customer", "you", "your" and "yours" means you the person using this Website ordering Goods or Services; |
| 1.3 | "Goods" or "Products" means the personal computer or laptop which you have ordered from us and any other hardware or software products ordered by you which are set out in your order form; |
| 1.4 | "Service" or "Services" means the home installation service that we offer to our customers. The exact details of which are dependent on the level of service which is selected; |
| 1.5 | "Terms and Conditions" means this document and any updates to the document which are displayed on our Website; |
| 1.6 | "we", "us" and "our" are references to PC Specialist Ltd. |
| 1.7 | "Website" is a reference to the website, www.pcspecialist.co.uk which is run and operated by us and on which these Terms and Conditions are displayed. |
| 2 | Ordering from Us |
| 2.1 | When you order Goods and/or Services from us you are entering into a contract with us for the purchase of the Goods and/or the performance of the Services. You must take particular care when providing us with your details to ensure that these are accurate and complete at the time of ordering. |
| 2.2 | Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email confirming your order (the Order Confirmation). If the Goods are not available we will contact you by telephone or email and offer you an alternative Product or the option of cancelling your order. |
| 2.3 | Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale, unless you are registered as a re-seller with us. |
| 2.4 | When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party. |
| 2.5 | 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 cannot be held 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. |
| 2.6 | The description and price of goods you order will be as shown on our website at the time you place your order. |
| 2.7 | After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. |
| 2.8 | When ordering a Home Installation Service it does 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. |
| 2.9 | If the Home Installation service is cancelled within 24 hours of the original confirmed booking, and you require the appointment to be rescheduled, then you will be required to pay the attendance fee again, the cost of this will be £30. |
| 2.10 | When calling from England, Scotland or Wales: calls to 03 numbers are included in your standard network minutes from mobile phones when on contract and also any inclusive call packages from land-lines. If you do not have a call package or you are using pay as you go, the cost of calls is the same as to 01 and 02 numbers.
When calling from anywhere else: calls to 03 numbers may not be included in your standard network minutes or any inclusive call packages. Call costs may vary. Please check with your phone service provider before calling. |
| 2.11 | When making a payment using SEPA (Single Euro Payments Area) Direct Debit we will debit your nominated bank account within 1 - 2 working days. |
| 2.12 | We are not to be held responsible for any bank transfer fees or charges that may be imposed by the Customer's bank or any intermediary financial institution when conducting an international bank transfer. |
| 3 | Prices |
| 3.1 | All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges. |
| 3.2 | Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. |
| 3.3 | The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by credit or debit card payment will be taken at the time of placing your order and not when the order is dispatched. |
| 3.4 | Where payment is made by cheque or bank transfer, we shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. |
| 3.5 | Where an order is made using finance to pay for goods, delivery must take place to the address given on the finance application. |
| 3.6 | Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled. |
| 3.7 | If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us. |
| 3.8 | In some cases it may be necessary for us to request further information from you 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 you are unable to provide further information upon request the order may be cancelled or the delivery address amended to the registered card address at our discretion. |
| 5 | Delivery |
| 5.1 | Assembly times quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. |
| 5.2 | Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. |
| 5.3 | Please ensure that you or someone who is authorised to sign for the goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged. |
| 5.4 | The Products will be at your risk from the time of delivery. |
| 5.5 | You may collect the Goods from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address. |
| 5.6 | If you have selected a "Fast-Track" option at the time of placing your order, we will endeavour to dispatch your order within the specified Fast-Track timeframe. The Fast-Track service is not guaranteed and if we are unable to dispatch your goods within this timeframe the service will automatically be refunded. The Fast-Track service will start when we receive cleared payment (or confirmation to process your order from our finance company) and notify you that your order is being processed. The Fast-Track service will be seen as complete once we dispatch the order, and no consideration will be given to any subsequent delays in delivery. |
| 5.7 | If you order Products from our Website for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. |
| 5.8 | Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK. |
| 6 | Cancellation and Returns |
| 6.1 | If you are contracting as a consumer, you may cancel a Contract at any time within 14 calendar days, beginning on the day you received the Products. You must notify us via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient. |
| 6.2 | If you are contracting as a Business / Trade customer, clause 6.1 does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company address or purchase order number has been provided. If your order is faulty or damaged and you wish to reject it, you must notify us via durable medium within 30 calendar days of receiving the goods, otherwise, it will be deemed that you have accepted the goods, meaning any breaches of the contract can only be treated as a breach of the warranty. For any goods that are incomplete, incorrect, faulty, or physically damaged, clauses 6.10 and 6.11 are applicable. |
| 6.3 | You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. |
| 6.4 | We do not offer collection for orders delivered to Iceland, Faroe Islands, Andorra, Canary Islands, Réunion, Martinique & Guadeloupe. The warranty service is strictly Return to Base. This means that should a fault develop with your order it will be your responsibility to return the faulty goods to us at your own expense using your courier and insurance. Once we have repaired or replaced the goods we will return them to you at our expense. |
| 6.5 | The supply of services (namely a Fast-track/priority build service - if ordered) will not be refunded because this service contract will have been fully completed within the cancellation period. |
| 6.6 | Once the cancelled Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 14 days including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) less the collection charge we paid for the collection of the Goods if applicable. |
| 6.7 | Except in the case of faulty or miss-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals. |
| 6.8 | Any software or consumable goods that have been unsealed or activated do not have the right of cancellation and will not be refunded. Please see section 28(3)(b) of the Consumer Contracts Regulations 2013 for further information. |
| 6.9 | A full statement of your legal rights under The Consumer Contracts Regulations 2013 may be obtained in the UK from your local Citizen's Advice Bureau or Trading Standards Office. |
| 6.10 | If the goods supplied to you are incomplete/incorrect or physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care and that the goods were supplied correctly and in full. |
| 6.11 | If you suspect that the Goods are faulty and wish to return them you must contact us within 72 hours of discovering the fault and submit an RMA (Return Material Authorisation) request. We will examine the returned Product and if you are entitled, we will notify you of your options (which may be to either repair, replace or refund) via e-mail within a reasonable period of time. We will process a repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or within 14 days of the day you opt for a refund for the defective Product. |
| 6.12 | For refunds, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any goods supplied, or(if earlier) 14 days after the day you provide evidence that you have returned the goods, orif there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. |
| 6.13 | For any returns due to damage or suspected faults, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required. We do not offer a collection for orders delivered to the Channel Islands, Norway, Iceland or Switzerland. |
| 6.14 | Peripheral items (any item that is not a computer or laptop) must be returned to us using your own delivery method. We will not arrange for collection of any peripheral items within the first month after receipt or at any time after this date. |
| 6.15 | Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be ordered from us where available. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item. |
| 6.16 | When you return goods using your own delivery method, where goods are found to be defective we will refund up to £10 of the cost incurred by you. This will only be refunded upon the receipt of proof of the carriage costs and only applies whilst the goods are covered under the warranty period specified on your order. |
| 6.17 | When returning goods under the 14 day cooling off period, if the goods are not in a resaleable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund. |
| 6.18 | If you cancel a home installation service after your order has been dispatched, a cancellation fee of £39 including VAT will be deducted from any refunds due. |
| 6.19 | If you wish to return the system in the original packaging and you either find your packaging to not be suitable for return, or you didn't keep the original packaging, then please feel free to contact us for replacement packaging at a cost. |
| 6.20 | Consumers have the statutory warranty rights for goods at their disposal. |
| 6.21 | We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board. The European Commission offers an online dispute resolution platform, available here: http://ec.europa.eu/consumers/odr/ |
| 7 | Warranty |
| 7.1 | In addition to any warranty that you may have purchased with your Goods, all Goods that we supply 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 | Subject to clause 7.3, goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. All Products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender. |
| 7.3 | If you order a dedicated graphics card and the AIB (add-in-board) manufacturer name is not specified in the product description or on the final invoice, then you will receive a graphics card that meets the specification of the model/version stated. If the graphics card is exchanged under the warranty, then we will supply a graphics card that meets or exceeds the specification of the model/version stated. This model may be from a different AIB manufacturer and as a result the actual performance may be slightly higher or lower than the original model. |
| 7.4 | 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 (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated / hot or dusty environment), failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval. |
| 7.5 | Unless otherwise stated, all LCD/LED panels should be considered as class 2, which comply with ISO ISO-9241-302, 303, 305, 307:2008 pixel defects. Dead pixels on LCD/LED panels are covered under the manufacturers' warranty terms and conditions. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels. |
| 7.6 | We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty regardless of any correspondence stating otherwise. |
| 7.7 | Laptop Batteries come with a maximum 6 month warranty, regardless of which warranty option is purchased. |
| 7.8 | Unlike with most computer companies, we allow you to open your case and install your own components without voiding your warranty on the following conditions:
- If the actions of the person installing the components cause damage to the computer, your warranty will be void;
- If you install components that are not purchased from us and they cause problems with your computer, your warranty will be void;
- If you install components that are not purchased from us we will in no way support you in installing them or with any problems you have relating to the components you have installed.
- We will support you in installing components purchased from us providing you have purchased them through the upgrade service available on your online account.
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| 7.9 | We reserve the right to suspend the warranty or refuse service if your Case, Motherboard, CPU or BIOS have been replaced without authorisation.
Any tampering, repair or modification by unauthorised personnel voids the warranty. |
| 7.10 | Should you take any goods purchased from us to a 3rd party 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 us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure. |
| 7.11 | In the event of any failure of software or hardware, we will not be held liable to replace, re-install or compensate for any software that is lost, damaged or corrupted. This exclusively applies to software provided free of charge by us or any third party software that was installed by you. |
| 7.12 | Dead Pixel Guarantee - If you order a dead pixel guarantee and you report a dead pixel within the specified time period on the dead pixel guarantee, we will collect the laptop from your premises and replace the screen with a defect free model of equal or better specification. Collection and re-delivery is included along with all labour fees, and the service can be used an unlimited number of times during the guarantee period.
The dead pixel guarantee commences on the day you receive your order and any dead pixels must be reported within the guarantee time period in order to qualify for replacement. Screens that are cracked, damaged or broken are not covered under the dead pixel guarantee regardless of how many pixels are not functioning. This guarantee does not cover external monitors purchased, only the notebook screen itself is covered.
Unfortunately we cannot arrange collections from the Iceland, Faroe Islands, Andorra, Canary Islands, Réunion, Martinique & Guadeloupe, however we can reimburse up to £59 towards your shipping costs. |
| 7.13 | If a product is repaired outside of the warranty period specified on your order, we can arrange collection using our courier, the cost for collection is £59 including VAT. Unless otherwise specified in the warranty provided, the warranty for any replacement part(s) is limited to a maximum of one year from the date of dispatching your return. For repaired parts, the warranty is capped at a maximum of three months. |
| 7.14 | Should you refuse for the Goods to be returned to you (for any reason) or refuse any delivery/re-delivery attempts, the Goods will be held for up to 12 calendar months from the point the Goods were first received. Once this time frame has expired we will re-attempt to contact you to arrange for any outstanding payments to be settled and/or re-arrange a suitable time to return the Goods to you.
If you do not agree for us to return the Goods or we do not receive a response to any communication (by email and/or post) and you do not settle any outstanding payments due and you do not provide us with a suitable re-delivery date within 14 calendar months from the point the Goods were first received, the Goods will be destroyed and/or disposed of. We will not accept any responsibility for any leakage or loss of data and/or earnings and/or any loss or damage in transit. You are free to arrange for your own courier to collect the Goods if preferred. For the avoidance of doubt, a suitable re-delivery date is a working day within 30 calendar days of your response to any communication received. |
| 13 | Our Intellectual Property Rights |
| 13.1 | All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Goods and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is our exclusive property and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so. |
| 14 | Disclaimer and limits to our liability |
| 14.1 | Limits on our liability: We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. |
| 14.2 | Indirect or inconsequential losses: We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us. |
| 14.3 | The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. |
| 14.4 | Acts of God: We shall not be held liable for any failure or delay in delivering the Goods or performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties. |
| 14.5 | Security Breaches: We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties. |