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ADVANCED PERSONAL COMPUTERS LTD
CONSUMER TERMS OF SALE
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 Advanced Personal
Computers Ltd, whose registered office is at 5 Sunnyside, Hinckley,
Leicestershire, LE10 1TE,registered in England and Wales No. 4729620 (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 and the Supplier has received
payment in full (in cleared funds). Once the Supplier does so, there
is a binding legal contract between us.
1.3 By way of clarification, an
acknowledgement of your order will be sent to you via e-mail when
you place your order, but acceptance of your offer to buy the goods
will not take place until after your payment is taken and you
receive your acceptance e-mail. It is at this point that a binding
legal contract is created and any contract is subject to these Terms
and Conditions.
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 Invoice 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, the Supplier will inform you as soon as
possible.
2.3 Every effort is made to ensure that
prices shown on the Invoice are accurate at the time you place your
order. If an error is found, 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 7 days of informing you of the error, the order will be
cancelled automatically. If you cancel, the Supplier will refund or
re-credit you for any sum that has been paid by you by the original
payment method on your invoice / remittance for the goods, subject
to a 25% cancellation surcharge applicable to the total Invoice
total.
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 Invoice at the time you place your order.
Payment shall be due before the delivery date and time for payment
shall be of the essence.
3.2 There will be no delivery until
cleared funds are received.
3.3 Payments shall be made by you
without any deduction whether by way of set-off, counterclaim,
discount, abatement or otherwise 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 3.00 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 by the original
payment method on your invoice / remittance for the goods, less any
expenses incurred for failed delivery.
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 Time for delivery shall not be of
the essence. The goods may be delivered by the Supplier in advance
of the quoted delivery date.
4.8 Upon receipt of your order you will
be asked to sign for the goods received in good condition. If you
are unable to check the contents of the package at that moment in
time 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 notwithstanding that 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
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
granting 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). Online Auction sales are not normally
covered by the “Distance Selling Regulations (EU/UK)”.
7.2 To exercise your right of
cancellation, you must give written notice to the Supplier by
letter, fax or e-mail, at the fax number or e-mail address shown
below, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient.
7.3 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 below. You
must take reasonable care to ensure the goods are not damaged in the
meantime or in transit.
7.4 Once you have notified the Supplier
that you are
cancelling
the contract, the Supplier will refund or re-credit you within 30
days for any sum that has been paid by you by the original payment
method on your invoice / remittance for the goods, less any incurred
charges after full inspection of the aforementioned returned goods
at the cost of the customer have been carried out.
7.5 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.
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, willful 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 via
the e-mail address or fax number shown below within 7 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 via the e-mail
address or fax number shown below, as soon as possible, but in any
event within 7 days of the date you discovered or ought to have
discovered the damage, defect or complaint.
9.
Limitation of Liability
9.1 the Supplier'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 this agreement
shall be limited to the price paid for the goods.
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. Applicable Law
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.
Images
Product images are for illustrative purposes only.
Advanced Personal Computers Ltd
5 Sunnyside
Hinckley
Leicestershire
LE10 1TE
Fax:
+44(0)870 70 62 190
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