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TERMS AND CONDITIONS OF SERVICE and COMPANY INFORMATION
Our Terms and Conditions of Service
is a purchase agreement. This is a legally binding agreement
between two parties - you, our customer and PCGALORE. It defines
our business terms, practice, and provisions. It is not lengthy
to attempt to be intimidating, but merely to seek to address
essential
matters so our customers know how various aspects of
doing business together will be handled.
Each page on our site
refers to the fact that this guideline will be the operating
process and that
customers purchasing from PCGALORE agree to
this agreement and will abide by it.
DISCLAIMER
WE ARE NOT RESPONSIBLE FOR DAMAGE TO ANY PARTS WHATSOEVER. IF
YOU RECEIVE A DAMAGED PART, RMA IT BACK TO US IMMEDIATELY
WITHOUT USING IT OR IT WILL BE NON-RETURNABLE. ALL CHIPPED CPU
ORDERS THAT DID NOT CONTACT US WITHIN 2 DAYS OF RECEIVING THE
PARTS WILL BE REFUSED.
CONCERN FOR YOUR PRIVACY
Your personal information submitted through any purchase will
remain inside the company. Your
address or personal information
will remain private and will not be sold or given out in
anyway.
ORDERING
We keep stock to a minimum & only order as to orders placed by
the customer. This is done to make
sure you are getting the best
deal. Some products are special order items because of daily
price
fluctuations. These items usually arrive within
5 business
days. Orders are normally made that day at
that given price. If
you the customer order any such equipment, then you will be
paying for goods at
that price on that day regardless if prices
rise or fall.
We take all major
credit cards, but due to high volume of fraud we will expect to
see 3 pieces
of proof before
goods are shipped. This will be a little disarming to most
customers but it also protect us (The Seller) Proof of Identity,
Gas/Water/ Telephone with the same address as the credit card.
For protection we are now using
Google checkout online credit card system!
A Fee of 1.5% and 0.15p for every
transaction, this is included in the price
Also included is the shipping fee of
£6.50
(THIS
IS IMPORTANT)
SHIPPING COSTS
Cost is determined by weight and will be included in the
checkout price. Usually all small goods will be
either by first
class post or recorded delivery. All other goods will start at
£6.50 for Next day delivery.
Please note -- orders made by cheques may take as many as
5 business days for processing.
If an order will take longer
than four business days to ship we will contact you.
There
are a few business days during the year when our office is
closed.
ADVERTISED SPECIAL PRICES
These Prices are a one off Specials and will be honoured. Again
please consult us by phone as some
prices may be entered
incorrectly.
7 DAY REFUND POLICY
A product may be returned for refund during the first 7 days
from the purchase date minus a 15%
restocking fee. The item must
be returned complete with all original packaging and box in
order to get a refund. Sending the product back incomplete or
without an anti-static bag will void the warranty. All
sales on
CPU's, memory and Custom Systems are final. If you wish to
cancel an order for a Custom
System, you must do so in the first
12 hours after the order date. Custom systems come with a one
year repair or replacement warranty.
Refunds will not be given on items outside the 7 Days.
Memory, CPU's, and Systems may not be
returned for a refund. It
is very important that only the defective item is shipped back
for repair.
Any shipping for non-defective items will be at the
expense of the purchaser.
RETURNING MERCHANDISE AGREEMENT (RMA)
Complete the RMA request form located on top of each page. An RMA number will be assigned
to your
request internally.
You may print out a copy of your RMA request, but a RMA
confirmation will
NOT be sent to you. Do not wait for a RMA
number before shipping your item back. The RMA number
is
good for 10 calendar days and the product must be received
within this period or it will be refused.
Returned products that
have not followed the instructions listed on the RMA page may be
returned to
the sender.
An RMA form must be completed in order
to process your returned item.
CANCELLED ORDERS
Because getting orders out with expediency is a very important
service of our company - handling cancellations can be tricky.
Once your order is placed, it cannot be cancelled online. You
must call us
to inform us of your desire to cancel your order.
If your order has been processed, then a processing fee of 3% or
a minimum of £5 - whichever is greater will apply. If your order
has been shipped then the order
cannot be cancelled. If the
order is in the process of shipment in our shipping department,
then we will
do our best to stop the order but we may not be
able to do so. No cancellations can be accepted via
email but
leaving voicemail messages after hours is available.
CUSTOM SYSTEMS
You may order Custom Systems by emailing sales@pcgalore.co.uk or
calling
0208 8197825.
Custom Systems may not be returned for a refund, but carry a one
year
repair or replacement warranty.
RIGHT TO REFUSE SERVICE OR
MAKE PRICE CORRECTIONS
PCGALORE reserves the right to refuse sale of items to any
customer for any reason. In addition, due
to the volatile nature
of pricing or availability on computer components, prices are
subject to price
adjustment without prior notice. Due to the
automatic nature of online purchasing, when a price has
been
computed through an online order that is in error, you will be
notified regarding the change and
given the option to cancel the
order or pay the cost difference.
WARRANTY
All our products (other than OEM CPUs with a 30 day warranty)
carry at least a one year repair or
replace warranty. In some
cases the manufacturer carries a longer warranty which is passed
on to you.
If a year has passed and your item becomes defective,
you will have to go through the manufacturer
if they carry a
longer warranty.
PCGALORE would like to thank you
..........
for a Detailed Version please
read below
1.
In these conditions the following terms
shall have the following meanings:
‘Company’ means Ivan D’Souza LTD Trading as PCGALORE
‘Customer’ means any legal person whose Order is accepted by the
Company
(excludes businesses)
‘Contract’ means any contract for the supply of Goods or
Services by the Company to the
Customer
‘Goods’ means any goods forming the subject of this contract
including parts and components of
or materials incorporated in
them
‘Services’ means any services forming the subject of this
contract
'Stock Items' means items that are regularly sold by the Company
on a day to day basis
2.
Quotation
Quotations by the Company unless otherwise stated in them shall
be open for acceptance in 30 days
of the date of the quotation
3.1.
Existence
of Contract
No Contract shall come into existence until the Customer’s order
(however given) is accepted by
the earliest of: the Company’s
written acceptance delivery of the Goods or Services, or the
Company’s invoice
3.2.
These
conditions shall be incorporated in the Contract to the
exclusion of any terms or conditions stipulated or referred to
by the Customer
3.3.
No variation
or amendment of this document or oral promise or commitment
related to it shall be
valid unless committed to writing and
signed by or on behalf of both parties
4.1.
Prices
The Prices for the Goods or Services are ex-works and include
carriage, and VAT if applicable.
Prices invoiced are calculated
in respect of the quantity of Goods or Services actually
delivered
and hours of Services provided irrespective of the
quantity in respect of which any quotation was
issued.
4.2.
The Maximum
you will pay as shown in the cart on the payment page. We only
sell to UK Mainland
4.3.
Price clauses
shall take effect on the date of service on the customer of
notice of the change.
5.1.
Payment
All invoices are payable without discount of any kind in pounds
sterling on or before the date stated on the Company’s invoice
and in no circumstances shall the Customer be entitled to make
any deduction
or withhold payment for any reason at all.
5.2.
If the
Customer fails to pay the invoice price by the due date the
Customer shall not be allowed any discount given in that invoice
or in any other way agreed and shall pay interest on any overdue
amount from the date of which payment was due to that on which
it is made (whether before or
after judgement) on a daily basis
at a rate of 8% p.a. or other such rate from time to time
specified
by the Supreme Court Act 1981 and reimburse to the
Company all costs and expenses (including
legal costs) incurred
in the collection of any overdue amount.
6.1.
Title
For the purpose of section 12 of the Sale of Goods or Services
Act 1979 the Company shall
transfer only such title or rights in
respect of the Goods or Services as the Company has and if the
Goods or Services are purchased from a third party shall
transfer only such title or rights as that
party had and has
transferred to the Goods and Services.
6.2.
Notwithstanding the earlier passing of risk title in the Goods
or Services shall remain with the
Company and shall not pass to
the Customer until the amount due under the invoice (including
interest and cost) has been paid in full.
6.3.
Until title
passes the Customer shall hold the Goods or Services as bailee
for the Company and
shall store or mark them so that they can at
all times be identified as the property of the company.
6.4.
The Company
may at any time before title passes and without any liability to
the Customer -
repossess and dismantle and use or sell all or
any of the Goods or Services and by doing so
terminate the
Customer’s right to use, sell or otherwise deal in them and (for
that purpose or
determining what if any Goods or Services are
held by the Customer and inspecting them) enter
any premises of
or occupied by the Customer.
6.5.
Until title
passes the entire proceeds of the sale of the Goods or Services
shall be held in trust for
the Customer and shall be held in a
separate designed account and not mingled with other moneys
or
paid into any overdrawn bank account and shall be at all times
identifiable as the Company’s
money.
6.6.
The Company
may maintain an action for the price of any Goods or Services
notwithstanding that
title in them has not passed to the
Customer.
7.1.
Risk,
Delivery and Performance
The Goods or Services are delivered to the Customer when the
Company makes them available to
the Customer or any agent of the
Customer or any carrier (who shall be the Customer’s agent
whoever pays its charges) at the Company’s premises or other
delivery point agreed by the
Company. * For the purposes of
delivery only working days Monday to Friday are considered
(excluding public holidays).
7.2.
Risk in the
Goods or Services The Customer has the right for up to 7 working
days to cancel
Order(s) for stock items which have been paid
for. Notice of Cancellation must be submitted to the company in
written form by hand, post or email passes when they are
delivered to the Customer.
7.3.
The Company
shall not be liable for any penalty, loss, injury, damage or
expense arising from any
delay or failure in delivery or
performance from any cause at all nor shall any such delay or
failure
entitle the Customer to refuse to accept any delivery or
performance of or repudiate the Contract.
8.1.
Claims
Notification
Any claim that any Goods or Services have been delivered
damaged, are not of the correct quantity or do not comply with
their description shall be notified by the Customer to the
Company in 7 days of
their delivery.
8.2.
Any alleged
defect shall be notified by the Customer to the Company in 7
days of the delivery of the Goods or Services or in the case of
any defect which is not reasonably apparent on inspection in 2
days of the defect coming to the Customer’s attention and in any
event in the following periods:
for Goods or Services manufactured by the Company 6 months from
the date of delivery;
for second hand Goods or Services no period is applicable unless
otherwise specified in the
Contract; and
for Goods or Services not of the Company’s manufacture the
warranty period given by the
manufacturer.
8.3.
Any claim
under this condition must be in writing and must contain full
details of the claim including
the reference numbers of any
allegedly defective Goods or Services.
8.4.
The Company
shall be afforded reasonable opportunity and facilities to
investigate any claims made
under this condition and the
Customer shall if so requested in writing by the Company
promptly
return any Goods or Services the subject of any claim
and any packing materials securely packed
and paid to the
Company for examination.
8.5.
The Company
shall have no liability with regard to any claim in respect of
which the Customer has
not complied with the claims procedures
in these conditions.
9.1
Scope of
Contract
Under no circumstances shall the Company have any liability of
whatever kind for:
Any defects resulting from wear and tear, accident, improper use
by the Customer or use by the Customer except in accordance with
the instructions or advice of the Company or the manufacturer
of
any Goods or Services or Goods or Services or neglect or from
any instructions or materials
provided by the Customer
9.2.
Any Goods or
Services which have been adjusted, modified or repaired except
by the Company
9.3.
The
suitability of any Goods or Services for any particular purpose
or use under specific conditions whether or not the purpose or
conditions were known or communicated to the Company
9.4.
Any
substitution by the Company of any materials or components not
forming part of any
specification of the Goods or services
agreed in writing by the Company
9.5.
Any
descriptions, illustrations, specifications, figures as to
performance, drawings and particulars of weights and dimensions
submitted by the Company contained in the Company’s catalogues,
price
lists or elsewhere since they are merely intended to
represent a general idea of the Goods or
Services and not to
form part of the contract or to be treated as representations
9.6.
Any technical
information, recommendations, statements or advice furnished by
the Company its
servants or agents not given in writing in
response to a specific written request from the Customer
before
the Contract is made, or
9.7.
Any
variations in the quantities or dimension of any Goods or
Services or changes of their
specifications or substitution of
any materials or components; if the variation or substitution
does
not materially effect the characteristics of the Goods or
services, and the substituted materials or components are of a
quality equal or superior to those originally specified.
10.1.
Extent of
Liability / Warranty
All goods purchased will be supplied with a 12 month warranty
(Unless Otherwise Stated). In cases where the manufacturer has
setup a direct warranty relationship with the Customer (End User
Warranty) then that procedure will be applied. The Company shall
have no liability to the Customer
for any loss or damage of any
nature arising from any breach of any express or implied
warranty or condition of the Contract or any negligence, breach
of statutory or other duty on the part of the
Company or in any
way of or in connection with the performance of or failure to
perform the
Contract except for death or personal injury
resulting from the Company’s negligence, and
expressly stated in
these conditions.
10.2.
If the
Customer establishes that any Goods or Services have not been
delivered, have been
delivered damaged, are not of the correct
quantity or do not comply with their description the
Company
shall, at its option, replace with similar Goods or Services any
Goods or services which
are missing, lost or damaged or do not
comply with their description, allow the Customer credit for
their invoice value or repair any damaged Goods or Services.
10.3.
If the
Customer establishes that any Goods or Services are defective
the Customer must return
those Goods or Services forthwith, at
its own cost, to the Company which will be repaired or
replaced
at the Company’s discretion and according to manufacturers
warranty. If the Goods or
Services can not be replaced or
repaired within 30 days of the Company’s receipt thereof the
Company may credit the Customer in part or in full at it’s own
discretion.
10.4.
If the
Customer returns to the Company any Goods or Services for repair
and some are found to
be fault free then the Company may, at its
own discretion, charge the Customer for its reasonable
handling
costs.
10.5.
The delivery
of any repaired or replacement Goods or Services shall be at the
Company’s premises or other delivery point specified for the
original Goods or Services.
10.6.
Where the
Company is liable in accordance with this condition in respect
of only some or part of
the Goods or Services the Contract shall
remain in full force and effect in respect of the other or
other
parts of the Goods or Services and no set-off or other claim
shall be made by the Customer
against or in respect of such
other or other parts of the Goods or Services.
10.7.
No claim
against the Company shall be entertained for any defect arising
from any design or
specification provided or made by the
Customer or if any adjustment’s, alterations to other work
has
been done to the Goods or Services by any person except the
Company.
10.8.
The Company
shall not be liable where any Goods or Services the price of
which does not include carriage are lost or damaged in transit
and all claims by the Customer shall be made against the
carrier. Replacements for such or lost or damaged Goods or
Services will, if available, be supplied
by the Company at the
prices ruling at the date of despatch.
10.9.
In no
circumstances shall the liability of the Company to the Customer
under this condition exceed
the invoice value of the Goods or
Services.
11.1.
General
The Company may sub-contract the performance of this Contact in
whole or in part.
11.2.
The Customer
shall not assign or (without first obtaining the Company’s
written consent) sub-let
these Terms and Conditions or the
Contract in whole or in part and it shall be a condition of any
such consent to any sub-letting of these Terms and Conditions or
the Contract that the Customer
shall:
ensure and be responsible for the compliance by any
sub-contractor's with the terms of this
contract;
include in the sub-contract provisions consistent with these
conditions for the benefit of and
enforceable by the Company;
and
furnish the Company with copies of any sub-contract upon the
Company’s request at any time.
11.3.
The Company
shall have a lien Customer’s property in the Company’s
possession for all amounts
due at any time from the Customer and
may use, sell or dispose of that property as agent for and at
the expense of the Customer and apply the proceeds in and
towards the payment of such amounts
on 28 days’ notice in
writing to the Customer. On accounting to the Customer for any
balance
remaining after payment of any amounts due to the
Company and the costs of sale and disposal the Company shall be
discharged of any liability in respect of the Customer’s
property.
11.4.
The Company
may at its discretion suspend or terminate the supply of any
Goods or Services if the Customer fails to make any payment when
and as due or otherwise defaults in any its obligations
under
this Contract or any other contract with the Company or becomes
insolvent, has an
administrative receiver appointed of its
business or is compulsorily or voluntarily wound up or the
Company shall be discharged of any liability in respect of the
Customer’s property.
11.5
If the Goods
or Services are manufactured in accordance with any design or
specification provided
or made by the Customer the Customer
shall compensate the Company in full on demand for all
claims,
expenses and liabilities of any nature in connection with them,
including any claim, whether
actual or alleged that the design
or specification infringes the rights of any third party.
11.6.
Except for
any which is expressly agreed to be included in the Goods and
Services all tools,
patterns, materials, drawings,
specifications and other data provided by the Company shall
remain
its property and all execution of any orders shall become
the property of the Company.
12.
Confidentiality
The Customer shall not at any time whether before or after the
termination of this Contract divulge
or use any unpublished
technical information deriving from the Company or any other
confidential information in relation to the company’s affairs or
business method of carrying on business.
13.1
Cancellation
Orders for Goods or Services which have to be made especially
for the Customer will be charged
in full unless written notice
of cancellation is received not later than 2 weeks before the
expected
delivery date quoted in the Company’s order
acknowledgement and manufacture of them or any components for
them has not commenced at the date of that notice.
13.2
The Customer has the right for up to 7 working days to cancel
Order(s) for stock items which have
been paid for. Notice of
Cancellation must be submitted to the company in written form by
hand,
post or email.
13.3
Cancellation
Orders for Goods or Services which have to be made especially
for the Customer will be charged
in full unless written notice
of cancellation is received not later than 2 weeks before the
expected
delivery date quoted in the Company’s order
acknowledgement and manufacture of them or any components for
them has not commenced at the date of that notice.
The Customer has the right for up to 7 working days to cancel
Order(s) for stock items which have
been paid for. Notice of
Cancellation must be submitted to the company in written form by
hand,
post or email.
The Customer will be liable for any delivery costs incurred by
the Company for sending the items
and the costs for returning
the items to the Company where it is the case that the said
items have
been allocated and despatched before a Notice of
Cancellation has been received.
14.
Force
Majeure
15.
Law and
Jurisdiction
These Terms and Conditions shall in all respects be construed
and interpreted in accordance with
the Law of Contract in
England and Wales notwithstanding the effect of the law of the
European
Union. Where the Company and the Customer have
contracted to perform in England and Wales
or Scotland the
competent Court of Jurisdiction shall be the High Court of
England and Wales.
Where the Customer is resident in the
European Union or EFTA, the Company may at its absolute
discretion nominate the Court of the Customer’s member state to
be the Court of competent
jurisdiction under the Brussels
Convention. Where the Customer is resident elsewhere the
Company
shall possess the absolute discretion as to the competent court
or jurisdiction.
16.
Notices
Any notice given under this Contract shall be in writing and may
be served personally, by registered or recorded delivery
mail, by any other means which any party specifies by notice to
the other.
A notice shall be deemed to have be served:
- if it was served in person, at the time of service
- if it was served by post, the day after the day after posting
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