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Terms & Conditions
TERMS AND CONDITIONS OF SALE
These terms and conditions do not affect your statutory rights.
1.GENERAL
1.1 The Company only does business with Customers under these Conditions of Sale.No variations will be binding on the Company unless agreed in writing by the Company authorised for that purpose.
1.2 No contract is made with Customer until the goods have been despatched by the Company and an invoice issued to the Customer.
1.3 All Customer purchase orders must be generated and submmited through the Companies web site order system.The Company is not obliged to accept any purchase order.
1.4 The Customer must decide before ordering if the goods are suitable for the Customer needs.
2.PRICE
2.1 Any price stated by the Company in any catalogue,website,sales literature,price lists or other documentation may be changed by the Company at any time.Any change in price following receipt of a purchase order will be notified to the Customer in writing and the Customer provided the opportunity to accept or cancel the revised purchase order.
2.2 The price for any goods stated by the Company is exclusive of any applicable VAT and carriage,postage and packaging and any other duties taxes applicable,unless otherwise stated.
3.PAYMENT
3.1 Non-account customers are required to pay the Company in full in advance for any goods ordered by debit card or credit card or by way of the receipt of cleared funds to the Companies bank account.The goods will be despatched to the Customer when the payment has been authorised of cleared funds received.
3.2 All goods purchased must be paid in full by Account Customers within thirty days of the date of the Company`s invoice.
3.3 If the Customer fails to pay in full by the payment date the Company will charge the Customer interest at the rate of 4% above the current base rate of Barclays Bank Plc,together with a debit collection agency fee of 7.5% of the original gross invoice total,plus VAT.
4.CREDIT
4.1 The Company may at its discretion offer the Customer credit,subject to the Company being satisfied as the Customers credit worthiness.The Cusomer acknowledges that the Company may carry out status enquiry checks on the Customer.
4.2 Credit facilities may be withdrawn at any time at the Company`s discretion.
5.DELIVERY
5.1 The Customer is liable for any costs incurred by the Company in relation to cattiage,postage and packing and any other applicable duties,taxes and charges.
5.2 Standard delivery is to suitable ground floor reception or stores areas.The Customer must notify the Company in advance if there are any special delivery requirements there will be an additional charge.
5.3 The Company will use its reasonable endeavours to deliver the goods to the Customers premises by the delivery date estimated by the Company.The delivery date is not guaranteed not is it of the essence of the Contract.Is no circumstances will the Company be liable to the Customer for any losses,damages or charges incurred by the Customer due to the late delivery of the goods.
5.4 The Customer must inspect the goods immediatly upon delivery and in all cases must inform the Company in writing within 2(two) days of delivery of any damage,shortages or non-delivery of the goods.
5.5 Where the goods are being purchased by a business for use in a business and are to be delivered in instalments each delivery will consitute a separate contract.
5.6 If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions,the Company may store the goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage or sell the goods at the best price readily obtainable and charge the Customer for any shortfall.
6.RISK
6.1 Risk of damage to or loss of the goods will pass to the Customer on prior arranged collection or on delivery to the Customers premises.
7.OWNERSHIP
7.1 Ownership of the goods only passes to the Customer when the Company has received payment in full in cash or cleared funds for those goods and any other goods supplied by the Company to the Customer for which payment is then due.
7.2 Until such time as ownership of the goods passes to the Customer must keep the goods separate from the Customers goods and those of any third parties and property stored,protected and insured and identified as the Company`s property.The Company will also be entitled to require the Customer to deliver up the goods to the Company.If the Customer fails to do so,the Customer must permit the Company`s agents or representatives to enter its premises or any premises of any third party where the goods are stored and repossess them.
8.CANCELLATION
8.1 No purchase order cand be cancelled by the Customer,except with the written agreement of a representative of the Company authorised for the purpose.
9.RETURNS
9.1 Goods are not sold on a trial basis.Where goods are not faulty but the Customer wishes to return them,the goods cand only be returned to the Company if fully re-saleable,being unopened with any original manufactures seals or shrink wrap in place.Such returns will be subject to a restocking charge.The restocking charge will be 25% of the purchase price of the goods or 25 pounds,whichever is the greater.
9.2 A Return Authorisation Number must be obtain by the Customer from the Return Departament before any goods cand be returned.The Company will not accept goods returned without a Returns Authorisation Number.
9.3 The Customer must follow the instructions for return which will be provided with the Return Authorisation Number.
9.4 Refunds are STRICTLY subject to a 25% re-stoking fee provided goods are returned within 7 days from date of purchase complete & in their original packing.No exceptions will be made whatsoever.All returned goods MUST be in their original packing,with all manuals and discs.
You will be under a duty to take reasonable care to see that returned goods are packaged,so are not damaged in transit.An appropriat method of return should be used,and adequate packaging should be employed to protect the goods from damage during transmit.
9.5 The return of faulty goods is subject strictly to individual manufacturers "Dead On Arrival" (DOA) policies.Details of these can be obtained by the Customer by contacting the Company`s Customer Service departament.
9.6 Where a Customer notifies the Company of a defect in the goods within the time provided in the applicable manufacturers DOA policy,and that defect is subsequently verified by the Company`s technical inspectors,the Company will replace the Goods or refund the money paid by the Customer for the goods.
9.7 If the goods arrive in a damaged condition you must inform us within 4 days in writing.If the goods returned are found to be working we will return the item(s) to you and an administration fee of 20 pounds will be required to cover for our time and return delivery charges.If a fault is found and the applicable manufacturers DOA period is exceeded,then the Goods will be repaired under the terms of the manufacturer`s warranty.
9.8 Where it is established that the Goods are faulty or defective,repairs will be carried out in line with the individual manufacturer`s warranty.Some warranty repairs will be carried out on a return-to-base basis.Some manufacturers have a day one backto base policy.In some instances the manufacturers warranty requires the Customer to cantact the repair agent directly.If this is the case,the Customer will be informed by the Company`s Customer Service departament.
9.9 The Company will not accept the return of an opened software package unless it is faulty.By breaking the seal,the Customer accepts the license between the Customer and the software manufacturer.Software licences cannot be exchanged,returned or refunded.
9.10 Where the Customer appoints a carrier to return goods to the Company the Customer will be liable for all costs,losses,damages or other charges incurred by the Company in relation to such use.Risk in any goods that the Customer is returning to the Company remains with the Customer until the goods have been received at the designated destination and signed for by a representative authorised for that purpose.
9.11 Where the Company appoints a carrier,risk in any goods that the Customer is returning to the Company remains with the Customer until the goods have been collected by the Company`s appointed carrier.
9.12 Before returning any goods to the Company it is the Customer responsability to back up or save any data.The Company accepts no liability for the loss of any data.
9.13 PLEASE CHECK COMPATIBILITY OF PRODUCTS YOU ARE BUYING AS MISTAKES CANNOT BE RECTIFIED LATER.DUE TO COPYRIGHT LAWS,SOFTWARE WILL ONLY BE EXCHANGED IF FOUND TO BE FAULTY.
10. WARRANTIES AND LIABILITY
10.1 Where goods are covered by a manufacturer`s warranty,the Customer will be responsible for contacting and returning any registration or warranty cards to the relevant manufacturer.
10.2 The Company is not responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the goods which are the subject of the manufacturer`s warranty,
10.3 All warranties,conditions or other terms implied by statude or common law are escluded to the fullest extent permitted by law,except where the goods are sold to a person dealing as a consumer as defined in the Unfair Contract Terms Act 1977.
10.4 Please note that where goods are sold under a consumer transaction(as defined by the Consumer Transactions) order 1976 the statutory rights of the Customer are not affected by these Conditions.
10.5 The Company will not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty,condition or other term or any statutory or common law obligation,except in respect of death or personal injury caused by the Company`s negligence.
10.6 The Company will not be liable or for any indirect,special or consequential losses or damages(whether for loss of profit or otherwise) costs,expenses or other claims for compensation whatsoever(whether caused by the negligence of the Company,its employees,agents or otherwise) which arise out of or in connection with supply of the goods or their use or resale by the Customer.
11. FORCE MAJEURE
11.1 The Company will not be liable to the Customer by reason of any delay in performing,or any failure to perform,any of the Company`s obligations in relation to the Goods,where the delay or failure was due to any cause beyond the Company`s reasonable control.
12. INSOLVENCY OF CUSTOMER
12.1 If the Customer is insolvent or the Company reasonably understands that the Customer is about to become insolvent,the Company will be entitled to cancel the Constract or suspend any further deliveries under the Contract without any liability to the Customer.if the goods have been delivered and not paid for the price of the goods will become due and payable immediately despite any previous agreement or arrangements to the contrary.
13. EXPORT OR IMPORT LICENCES
13.1 The Customer will be responsible for obtaining all licences for the export or import of the goods and any other licences required for the delivery of the goods to a destination outside the United Kingdom.
14. ADDITIONAL TERMS-CONSUMERS
14.1 This clause applies only to those persons who deal as a consumer as defined in the Consumer Protection(Distance Selling) Regulations2000 (the Regulations).
14.2 A consumer has the right to cancel a contract within 7 working days from the day after the date of delivery of the Goods by the Company to the consumer provided that he/she gives notice of cancellation.
14.3 If a consumer exercises his/her right to cancel a Contract,the Company will,in accordance with the Regulations,reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation.
14.4 The consumer will not be entitled to a repayment in the event that:
* he/she does not take reasonable care of the goods either prior to cancellation of the Contract or,following cancellation,while the goods remain in the possession of the consumer.A consumer shall be deemed not to have taken care of the goods if they are not kept packed in their original box,with any original manufacturers seals or shrink wrap in place and intact and all disks,manuals and cables present or if the external packaging is defaced or damaged in any way;
* the goods consist of in whole or in part of software and he/she has accept ed the software licence by either breaking the seal or registering the software licence on-line or over the telephone.
14.5 Any goods returned by a consumer under this Clause will be subject to a return charge of 10% of the purchase price of the goods or 25 pounds,whichever is the greater.This sum represents the direct costs incurred by the Company for the return.
15. COMPANY DETAILS
Name & Registered Office:
K & S ELECTRONICS & SHIPPING SERVICES LIMITED
227a STAFFORD STREET
WALSALL
WEST MIDLANDS
WS2 8DF
Company No. 06015455
16.ALL TRADEMARKS USED ARE THE PROPERTY OF THEIR RESPECTIVE OWNER.ALL TRADEMARKS ARE RECOGNISED.
17 PRODUCT DESCRIPTION(S) AND IMAGE(S)
Every effort has been made to ensure the accuracy of all information contained herein.the Company makes no warranty expressed or implied with respect to accuracy of the information,including price,product editorials or product specifications.The Company or its suppliers shall not be liable for incidental,consequential or special damages arising from,or as a result of,any electronic transmission or the accuracy of the information contained herein,even if the Company has been advised of the possibility of such damages.Product and manufacturer names are used only for the purpose of identification.
PRIVACY NOTICE
K&S are commited to protecting your privacy.We will only use the information that we collect about you lawfully in concordance with the Data Protection Act.
We collect information about you for two reasons:to take and fulfil your orders and to administer and issue login information and to monitor account status beyond that required for individual purchases.
The type of information we collect includes your name,adress,telephone number,email adress and the other information provided during the checkout phase of our order process.
K&S will not release your details to any thirty party except in connection with the fulfilment of your order.This is normally restricted to supplying your name,adress,telephone number and sometimes email adress,to a product distributor or manufacturer,in order that they may deliver your order to you,or in order to generate your license key codes or documents.
COOKIES
Cookies are used on our site to keep track of the contents of your shopping basket once you have selected an item,to store delivery adresses if the adress book is used and to store your name,address and phone details if you select the (Remember Me) option at checkout.
In some cases,if you have followed a link from another website to ours,we also use cookies to keep a record of which website you came from,in order to assist with marketing.
Cookies are NEVER used on our site to record sensitive data such as credit card information and should pose no threat to your security whatsoever.
We do not provide an opt-out for the use of cookies as our website will not function properly without their use.
Marketing
K&S do not generally send out marketing material.When we do contact you,it is a controlled manner to advice you on matters relating to products you have purchased e.g to announce a new release of a particular piece of software.
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