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THESE TERMS AND CONDITIONS DO
NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER
1.
DEFINITIONS & INTERPRETATION 1.1
In these conditions, the following words and phrases shall have the
meanings ascribed to them below: 1.1.1
"Customer" means the person or party who purchases the Products from the
Seller; 1.1.2 "Seller"
means Easy
Computers Limited (Company Number 04171412, VAT Number GB 721 3118 80) whose registered office is at Unit
A, 1.1.3
"Contract" means any contract between the Seller and the Customer for the
sale and purchase of the Products, subject to and incorporating these
conditions; 1.1.4
"Products" means any Products agreed in the Contract to be supplied to
the Customer by the Seller (including any part or parts of
them). 1.2
A reference to a particular law is a reference to it as it is in force
for the time being taking account of any amendment, extension, application or
re-enactment and includes any subordinate legislation for the time being in
force made under it. 1.3
Words in the singular include the plural and in the plural include the
singular. 1.4
A reference to one gender includes a reference to the other
gender. 1.5
Condition headings do not affect the interpretation of these
conditions. 2.
ENTIRE AGREEMENT 2.1
Subject to any variation under condition 2.3 the Contract shall be on
these conditions to the exclusion of all other terms and conditions (including
any terms or conditions which the Customer purports to apply under any purchase
order, confirmation of order, communication, specification or other
document). 2.2
No terms or conditions endorsed on, delivered with or contained in the
Customer's purchase order, confirmation of order, specification or other
document shall form part of the Contract simply as a result of such document
being referred to in the Contract. 2.3
These conditions apply to all the Seller's sales and any variation to
these conditions and any representations about the Products shall have no effect
unless expressly agreed in writing and signed by a director of the Seller.
3.
ORDER PROCESS 3.1
All orders placed by the Customer are subject to final acceptance by the
Seller. 3.2
Following receipt of any order, the Seller may send to the Customer an
order acknowledgement detailing the Products which have been ordered. This
communication is not an order confirmation or order acceptance from the
Seller. 3.3
Acceptance of the Customers order and the completion of the Contract
between the Seller and Customer will take place on despatch to the Customer of
the Products ordered unless the Seller has notified the Customer that the order
has not been accepted or it has been cancelled by the Customer.
4.
DESCRIPTION AND PRICING 4.1
The description of the Products shall be as set out on the Seller's
website at the time the Customer places an order. 4.2
All samples, drawings, descriptive matter, specifications and advertising
issued by the Seller and any descriptions or illustrations contained in the
Seller's website are issued or published for the sole purpose of giving an
approximate idea of the Products described in them. They shall not form part of
the Contract which is not a sale by sample. 4.3
Every effort is made by the Seller to ensure that prices shown on the
Seller's website are accurate. If an error is found, the Supplier will inform
the Customer as soon as possible and offer the option of reconfirming the order
at the correct price, or cancelling the order. If the Seller does not receive an
order confirmation within 3 days of informing the Customer of the error, the
order will be cancelled automatically. If the Customer cancels the order, or if
the order is cancelled automatically due to the expiry of the 3 day period, the
Seller will refund or re-credit the Customer for any sum that has been
paid. 4.4
All prices are shown in 5.
DELIVERY 5.1
Delivery of the Products shall be made: 5.1.1 to the
Customers address; 5.1.2 at the
Sellers sole discretion, to any address specified by the Customer;
or 5.1.3 by the
Customer collecting Products at the Seller's premises at any time after the
Seller has notified the Customer that the Products are ready for
collection. 5.2
The Customer acknowledges that it may be required by the Seller to
provide proof address and identification (in the form of photo identification)
prior to delivery being made. 5.3
Any dates specified by the Seller for delivery of the Products are
intended to be an estimate and time for delivery shall not be made of the
essence by notice. If no dates are so specified, delivery shall be within a
reasonable time. 5.4
If delivery is made in accordance with condition 5.1.3 above, the
Customer shall take delivery of the Products within 5 days of the Seller giving
it notice that the Products are ready for delivery. 5.5
If for any reason the Customer fails to accept delivery of any of the
Products when they are ready for delivery, or the Seller is unable to deliver
the Products on time because the Customer has not provided appropriate
instructions, documents, licences or
authorisations: 5.5.1 risk in
the Products shall pass to the Customer (including for loss or damage caused by
the Seller's negligence); 5.5.2 the
Products shall be deemed to have been delivered; and
5.5.3 the
Seller may store the Products until delivery, whereupon the Customer shall be
liable for all related costs and expenses (including, without limitation,
storage and insurance). 5.6
If the Seller is requested to re-deliver the Products following a failed
delivery in accordance with condition 5.5, the Seller reserves the right to make
an additional charge for such re-delivery. 5.7
The Seller may deliver the Products by separate instalments. Each
separate instalment shall be a separate Contract and no cancellation or
termination of any one Contract relating to an instalment shall entitle the
Customer to repudiate or cancel any other Contract or
instalment. 5.8
The Customer shall be required to notify the Seller of any delivery
shortages within 24 hours of delivery. If the Customer fails to notify the
Seller of any such shortages within this time scale, the Customer shall be
deemed to have accepted delivery of all Products. 6.
RISK 6.1
The Products are at the risk of the Customer from the time of
delivery. 7.
PAYMENT 7.1
Payment for the Products by the Customer can be made by any method shown
on the Seller's website. 8.
CUSTOMERS RIGHT OF CANCELLATION UNDER THE COMSUMER PROECTION (DISTANCE
SELLING) REGULATIONS 2000 8.1
If the Customer purchases the Products using the Sellers website or
telephone number, the Customer may cancel the Contract for any reason, but no
later than 7 workings days after delivery of the
Products. 8.2
For the avoidance of doubt, there shall be no right to cancel any
Contract if the Products: (i) were purchased on site at the Sellers premises; or
(ii) software or extended warranty items which have been opened or unsealed by
the Customer; (iii) are computers which have been registered in the Customers
name with the manufacturer. 8.3
The Customer may cancel the Contract by writing to the Seller in this
regard. 8.4
If the Customer elects to cancel the Contract, they shall at their own
cost return the Products to the Sellers premises. 8.5
Whilst the Products are in the possession of the Customer, the Customer
shall be under a statutory duty to take reasonable care of the
Products. 8.6
If the Products are IT equipment, the Seller will deem that the Customer
has not taken reasonable care of the Products if they have been damaged in the
Customers possession, (or in transit whilst being returned) or used and not
subsequently restored to their factory settings in accordance with the
instructions issued by the Seller. 8.7
The Seller will refund the purchase price within a period of 30 days from
the date of cancellation. However, if a Returns Authorisation Number was
obtained in advance from the Seller and detailed on any returns packaging, any
refund made shall be expedited. 8.8
If the Seller delivered the Products using a delivery service, the cost
of such delivery service may be deducted from any amount refunded pursuant to
condition 8.7. 8.9
The Seller reserves the right to make a "Service Charge" (which is
advertised on the Sellers website from time to time) if the Products are IT
equipment and have not been restored to their factory settings or that the
Sellers deems that the Customer has not taken reasonable care of the products in
accordance with condition 8.6. 8.10 The
Customer authorises the Seller to recover the Service Charge by: (i) debiting
any credit or debit card of the Seller, immediately following any refund made
pursuant to condition 8.7; or setting-off the Service Charge against any refund
made pursuant to condition 8.7. 8.11 The
Customer acknowledges that the Service Charge will compensate the Seller for any
loss suffered by it as a result of the Customers failure to take reasonable care
of the Products in accordance with conditions 8.5 and 8.6.
9.
LIMITATION OF LIABILITY 9.1
The following provisions set out the entire financial liability of the
Seller (including any liability for the acts or omissions of its employees,
agents and sub-contractors) to the Customer in respect
of: 9.1.1 any
breach of these conditions; 9.1.2 any use
made or resale by the Customer of any of the Products, or of any product
incorporating any of the Products; and 9.1.3 any
representation, statement or tortious act or omission including negligence
arising under or in connection with the Contract. 9.2
Nothing in these conditions excludes or limits the liability of the
Seller: 9.2.1 for
death or personal injury caused by the Seller's negligence;
or 9.2.2 under
section 2(3), Consumer Protection Act 1987; or 9.2.3 for any
matter which it would be illegal for the Seller to exclude or attempt to exclude
its liability; or 9.2.4 for
fraud or fraudulent misrepresentation. 9.3
Subject to condition 9.2 and condition 9.3: 9.3.1 the
Seller's total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance of the Contract
shall be limited to the Contract price; and 9.3.2 the
Seller shall not be liable for any direct, indirect or consequential loss (all
three of which terms include, without limitation, pure economic loss, loss of
profits, loss of business, depletion of goodwill and similar loss), costs,
damages, charges or expenses. 10.
ASSIGNMENT 10.1 The
Seller may assign the Contract or any part of it to any third
party. 10.2 The
Customer shall not be entitled to assign the Contract or any part of it without
the prior written consent of the Seller. 11.
UNFORSEEABLE DELAYS 11.1 The
Seller reserves the right to defer the date of delivery or to cancel the
Contract or reduce the volume of the Products ordered by the Customer (without
liability to the Customer) if it is prevented from or delayed in the carrying on
of its business due to circumstances beyond the reasonable control of the Seller
including, without limitation, acts of God, governmental actions, war or
national emergency, acts of terrorism, protests, riot, civil commotion, fire,
explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether
or not relating to either party's workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, provided that, if the event in question continues for a continuous
period in excess of 90 days, the Customer shall be entitled to give notice in
writing to the Seller to terminate the Contract. 12.
EXPORT OF PRODUCTS 12.1 The
Products may be sold by the Seller for export from the 13.
GENERAL 13.1
Each right or remedy of the Seller under the Contract is without
prejudice to any other right or remedy of the Seller whether under the Contract
or not. 13.2 If
any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such
illegality, invalidity, voidness, voidability, unenforceability or
unreasonableness be deemed severable and the remaining provisions of the
Contract and the remainder of such provision shall continue in full force and
effect. 13.3
Failure or delay by the Seller in enforcing or partially enforcing any
provision of the Contract shall not be construed as a waiver of any of its
rights under the Contract. 13.4 Any
waiver by the Seller of any breach of, or any default under, any provision of
the Contract by the Customer shall not be deemed a waiver of any subsequent
breach or default and shall in no way affect the other terms of the
Contract. 13.5 The
parties to the Contract do not intend that any term of the Contract shall be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any
person that is not a party to it. 13.6 The
formation, existence, construction, performance, validity and all aspects of the
Contract shall be governed by English law and the parties submit to the
exclusive jurisdiction of the English courts. THE FOLLOWING ADDITIONAL
TERMS AND CONDITIONS SHALL APPLY IF THE CUSTOMER IS PURCHASING THE PRODUCTS IN
THE COURSE OF A TRADE, PROFESSION OR BUSINESS 14.
DELIVERY 14.1
Conditions 5.1 and 5.2 shall not apply. 14.2
Delivery of the Products shall be made to the Customers business
address. 15.
PRODUCTS PURCHASED ON CREDIT TERMS 15.1 In
relation to any Products purchased by the Customer using any credit facility
granted by the Seller, the Seller shall issue an invoice for payment with the
Products. 15.2 The
Customer shall pay any invoice within 30 days of receipt. Time for payment shall
be of the essence. 15.3 No
payment shall be deemed to have been received until the Seller has received
cleared funds. 15.4 The
Customer shall make all payments due under the Contract in full without any
deduction whether by way of set-off, counterclaim, discount, abatement or
otherwise unless the Customer has a valid court order requiring an amount equal
to such deduction to be paid by the Seller to the
Customer. 15.5 If
the Customer fails to pay the Seller any sum due pursuant to the Contract, the
Customer shall be liable to pay interest to the Seller on such sum from the due
date for payment at the annual rate of 8% above the base lending rate from time
to time of the Bank of England, accruing on a daily basis until payment is made,
whether before or after any judgment. The Seller reserves the right to claim
interest under the Late Payment of Commercial Debts (Interest) Act
1998. 15.6
Full legal and beneficial title and ownership of the Products shall only
pass to the Customer when the Seller has received in full (in cash or cleared
funds) all sums due to it in respect of: 15.6.1 the Products;
and 15.6.2 all other sums
which are or which become due to the Seller from the Customer under any other
contract or account. 15.7
Until title and ownership of the Products has passed to the Customer, the
Customer shall: 15.7.1 hold the Products
on a fiduciary basis as the Seller's bailee; 15.7.2 store the Products
(at no cost to the Seller) separately from all other Products of the Customer or
any third party in such a way that they remain readily identifiable as the
Seller's property; 15.7.3 not destroy, deface
or obscure any identifying mark or packaging on or relating to the Products;
and 15.7.4 maintain the
Products in satisfactory condition and keep them insured on the Seller's behalf
for their full price against all risks to the reasonable satisfaction of the
Seller. On request the Customer shall produce the policy of insurance to the
Seller. 15.8 The
Customer's right to possession of the Products shall terminate immediately if
title and ownership of the Products has not already passed in accordance with
condition 15.6 and: 15.8.1 the Customer has a
bankruptcy order made against him or makes an arrangement or composition with
his creditors, or otherwise takes the benefit of any statutory provision for the
time being in force for the relief of insolvent debtors, or (being a body
corporate) convenes a meeting of creditors (whether formal or informal), or
enters into liquidation (whether voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only of reconstruction or amalgamation of
the Customer; or 15.8.2 the Customer
suffers or allows any execution, whether legal or equitable, to be levied on
his/its property or obtained against him/it, or fails to observe or perform any
of his/its obligations under any contract between the Seller and the Customer,
or is unable to pay its debts within the meaning of section 123 of the
Insolvency Act 1986 or the Customer ceases to trade;
or 15.8.3 the Customer
encumbers or in any way charges any of the
Products. 15.9 The
Seller shall be entitled to recover payment for the Products notwithstanding
that legal and beneficial ownership and title of any of the Products has not
passed from the Seller. 15.10 The Customer
grants the Seller, its agents and employees an irrevocable licence at any time
to enter any premises where the Products are or may be stored in order to
inspect them, or, where the Customer's right to possession has terminated, to
recover them. 16.
QUALITY 16.1 The
Seller is a re-seller and not a manufacturer of the Products.
In this respect and to the fullest extent permissible by law, the Seller
is unable to offer any express warranties of any kind whatsoever in respect of
the Products. 16.2
Save to the extent that any exclusion or restriction of liability may be
prohibited by statute, all implied warranties relating to the Products
(statutory or otherwise) including (without limitation) any warranties relating
to quality or fitness for a particular purpose, shall be fully
excluded. 16.3 The
Products may be sold with a manufactures warranty, details of which shall be
dispatched with the Products. 16.4
Products which are found to be defective following delivery shall be
dealt with by the Customer in accordance with any subsisting manufacturer's
warranty. For the avoidance of doubt, this may mean that the Products are
repaired as opposed to replaced and must be returned directly to the
manufacturer as opposed to the Seller. 17.
NO CANCELLATION RIGHTS 17.1
Condition 8 shall not apply. For the avoidance of doubt, the Consumer
Protection (Distance Selling) Regulations 2000 do not apply to the sale of
Products in the course of a trade, business or
profession. 18.
RETURNS 18.1
Subject to the Sellers written agreement and the payment of a re-stocking
charge (which is 25% of the purchase price) by the Customer, the Products may be
returned at the expense of the Customer within 7 days of
delivery. |
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