This document sets out the basis upon which we provide goods to you when purchased via our website, over the telephone, via e-mail order or via Ebay. Please note that some of this contract only applies when you are a business, trade or corporate customer and some of this contract only applies when you are a consumer customer.
a. "goods" means any items that we will supply to you, including licenses to use software; but not mean any service we will supply to you and does not mean any facility for delivery of items to you or the insurance of such delivery.
b. "business customer" means any person(s) with who purchases from us who does not intend to use the goods for personal and family use only OR any legal non-natural person irrespective of their intended use of the goods.
c. "consumer customer" means any person us who does not fall into the category of business customer.
d. "we" and "us" means Palicomp Ltd; references to "our" shall be construed accordingly.
e. "you" means any person with whom we contract under this contract.
f. "specification" means the ability of goods to operate with other equipment, including operating systems, operate at a particular speed, comply with a particular standard and/or interact with particular peripherals.
g. "goods of an equivalent specification means goods that, in relation to other goods, have the capability to perform with reasonable equivalence with reference to the definition of specification above.
h. "VAT" means the prevailing rate of Value Added Tax you pay on your purchase
i. "cooling off period" means a period of seven clear working days, as defined by Regulation 3(1) of the distance selling regulations starting the day after the day you recieve the goods.
j. "theft acts" means the Theft Act 1968, the Theft Act 1978 and The Criminal Attempts Act 1981, and references thereto are deemed also to refer to the common law offence of "Conspiracy to Defraud", all as amended, superseded or updated at the date of this contract.
2. Sale and Delivery
a. we agree to sell and you agree to buy the goods you have ordered at the price we agreed to sell them at. you also agree to pay the VAT for those goods. All prices on our website include VAT.
b. The sale of the goods is subject to the terms of this contract.
c. we arrange for the goods to be delivered to a location of your choice, but we will restrict delivery to that of the registered credit/debit card billing address if paying by this method.
d. you agree to pay us the costs of all deliveries.
3. The Rights of the Parties
a. If you are a consumer customer, then this contract is in addition to your statutory rights.
b. If you are a business customer, then this is the only contractual obligations we have to each other.
c. If it appears to us that,
- you are or will become insolvent, or,
- your dealings with us are contrary to the theft acts, then we have the right to withhold delivery and stop in transit, the goods you have ordered.
d. If we do not receive payment from you, we have the right to withhold delivery of the goods.
e. you do not have the right to withhold any sums you owe; in particular if you are in dispute with us regarding one matter you may not withhold payment for goods that are unconnected with that matter.
f. English Law applies to this contract.
g. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all the goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
4. OUR Rights to Substitute or Cancel
a. we will use all reasonable endeavours to deliver to you the goods ordered under this contract.
b. we aim to deliver your goods to you as soon as possible, however, we do not guarantee a specific time or date.
c. we will notify you when we will be able to deliver the goods you have ordered.
d. If you are a consumer customer, we may, substitute other goods for those you have ordered, but only if the substituted goods are goods of an equivalent specification.
e. If an item is out of stock or discontiuned etc, we may substitute goods you have ordered, there may be some price difference which we would ask you to pay. We will contact you of course to let you know if any part of your order is to be changed to ensure that there are no issues.
f. If a brand is out of stock a simular will be used. i.e. if Maxtor is out of stock, Hitachi Or Seagate may be used
g. If we notify you that we cannot deliver goods you have ordered, for any reason, we will re-imburse you all monies paid, but only if a substitute item is also not available. We will contact you of course to let you know if any part of your order is to be changed to ensure that there are no issues.
5. Cancellation Within the COOLING OFF PERIOD
a. If you are a consumer customer, you have a right to cancel this contract as long as you do so within 7 days from the day after the day of receiveing the goods.
b. If you are a business customer, you have no right to cancel this contract.
c. If this contract, or part of this contract concerns goods consisting of,
- software that was delivered in sealed packaging, which has been unsealed by you, or,
- goods that have been personalised for you, and / or,
- equipment that we have put together to your specification, then you have no right to cancel this contract.
d. If you wish to exercise any right to cancel this contract, you must notify us within 7days of receiveing, either by writing to us at our address, or by emailing us to our support email address.
e. On receipt of a valid notice of cancellation, we will send you a notice confirming cancellation within 7days.
f. If the goods delivered are the goods you ordered and you exercise any right to cancel, upon receipt of our notice confirming cancellation, you must organise delivery of the goods back to us, as soon as is reasonably possible, and in any event within 14 days. you are advised to insure yourself against the risks of goods being damaged/lost in transit.
g. If the goods delivered are the goods you ordered and you exercise any right to cancel this contract, you will be liable to us for any costs incurred by us in delivering the goods back to us.
h. If the goods delivered are goods we have substituted for the goods you ordered, and you exercise any right to cancel, you must organise delivery of the goods back to us, as soon as is reasonably possible. You are advised to insure yourself against the risks of goods being damaged or lost in transit..
i. If you exercise any right to cancel this contract, and
- The goods are in any way damaged not by us or our employees,
- The goods have not been retained by you with reasonable care,
- you have not retained possession of the goods,
- you have failed to return the goods to us, within 14 days of you confirming your cancellation, then you will be liable to us for an amount to cover the losses flowing from the above; and further, or in the alternative, the breach of your statutory duty under regulation 17 of the distance selling regulations (duty to retain possession of goods, take reasonable care of them and return them to the seller).
j. If you exercise any right to cancel, upon receipt of the goods, we will reimburse you all monies paid to us in respect of those goods.
k. If you are not totally satisfied with your purchase or you have simply changed your mind about your purchase then in line with the distance selling regulations, you can return your item provided you inform us of this decision via letter or e-mail within 7 days of receipt. You will be responsible for the safe return of the goods. The goods can be opened but must be 'as new' when returned to us. All items must be complete with original packaging, manuals, disks, cables etc as originally supplied. Manufacturer packaging must not be defaced in any manner. Once goods are received at Palicomp Ltd, we will issue a refund for the cost of the goods to your original payment method, plus all delivery charges. Please note business customers are exempt from returning items within 7 days under the distance selling regulations.
l. Please note that item(s) sent back to us without a valid RMA number will be rejected. you will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only. An RMA number is a reference number that that we will issue you to ensure the return process is as smooth as possible. We will ask you to include this with the returned item so we can identify who you are and what you have bought.
6. After Sales Service
a. All of the goods are sold with a free one-year return to base warranty, except goods that we clearly describe as "sale" or "clearance" items, which will have a reduced price and a reduced warranty period of 30 days.
b. goods that we sell may have other warranties or insurance provided by a third party, which often lasts longer.
c. Under the terms of our warranty, if any of the goods are defective within the warranty period, we will, subject to the other terms of this contract,
- repair the defective goods, or,
- replace the defective goods with other equivalent goods,
d. If you wish to make use of your rights under this warranty, you must return the defective item to our premises, at your own cost. you must include a valid RMA number obtained from us, a valid invoice number, and a description of the fault. we will then, within 30 working days, repair, replace or issue a refund in respect of the defective item, solely at our discretion. When you receive this warranty replacement item, the remaining warranty period on the item is valid only from the original date of purchase, warranties are not refreshed nor renewed on items that are issued to you as replacements. we may issue warranty replacement item(s) that are equivalent to, or better than the original item(s). Please note replacements may be repaired or refurbished unit(s).
e. If you do not return the goods in complete condition, including all packaging and manuals, we will not issue a refund in respect of the goods.
f. If you return non-defective goods to us, under this warranty, we will require you to pay our testing costs and the costs of returning the goods to you.
g. If you return goods to us, under this warranty, and those goods are defective as a result of,
- your negligence, or,
- the negligence of your family or friends or third party person(s),
- occurrences that you were insured in respect of, or,
- occurrences that you could reasonably expected to have been insured in respect of,
we will not be liable under this contract and we will require you to pay our testing costs and the costs of returning the goods to you.
h. In paragraphs 6(7)(c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the goods or with regards to delivery insurance.
i. If YOUR product develops a fault, and it is within the warranty period. you are entitled to a warranty repair or replacement, but it could take upto 30 working days for a repair or replacement to be sent to you.
j. Please note that item(s) sent back to us without a valid RMA number will be rejected. you will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
7. Disclaimer and limits to our liability
a. We cannot be held liable for any loss of data stored on any product sent for testing. Any valuable data, which includes software, must be backed up before returning the product for testing.
b. We do not restrict any 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 UK law. 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.
c. 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 our Website or the Goods, Services or as a result of any failure of any goods purchased from us.
d. This warranty is in addition to and does not affect your statutory rights.