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TGC Computers LTD
Conditions Of Sale
Please read through these conditions of sale carefully and print a copy for
future reference
General Terms
1.
These Conditions of Sale are for business customers and consumers.
2.
Goods are
subject to availability and may vary from those advertised. Any order placed by
you for goods advertised on our website is an offer by you to purchase the goods
selected in your order. No contract exists between you and us for the sale of
any goods until we have received your order and accepted it.
3.
Please note that we reserve the right to cancel or refuse orders for items shown
on our website with an incorrect price or with any other incorrect information.
No contract is made with you until we have despatched your order.
4.
We have the
right to terminate the contract if the price of the goods is not received from
you in cleared funds
5.
The contract
is subject to your right of cancellation
6.
We may
change these terms of sale without notice to you in relation to future sales.
7.
Any delay, neglect or forbearance in enforcing any term or condition in this
Agreement shall not be deemed a waiver of contractual rights.
8.
If any provision hereof is held to be illegal, invalid or unenforceable for any
reason, this shall not affect the validity or enforceability of any other
provision of this agreement or this agreement as a whole which shall continue to
be of full force and effect
9.
No person who is not a party to this Agreement may enforce any term of it and
the Contracts (Rights of Third Parties) Act 1999 is excluded to the fullest
extent permitted by law.
10.
This
Agreement (including the terms detailed in this website) sets out the entire
agreement between us. All prior agreements, statements, understandings,
representations (unless made fraudulently) and negotiations, either written or
oral, are superseded by this Agreement.
Price of
the goods and Payment
11.
Our
advertised prices do not include VAT and delivery. The price of the goods may be
changed from the one advertised. Please confirm the price before you order.
12. We accept
payment by bank transfer, cheque, credit or debit card. Credit card and debit
card payments are taken at the point of customer order not on dispatch of goods.
13. Every
effort is made to ensure that prices shown on our website are accurate at the
time you place your order. If prior to despatch of your order a pricing error is
found in respect of any or all of the goods you have ordered, we will notify you
as soon as possible detailing the mis-priced goods and offering you the option
of:
13.1.1
Placing a new order at the correct price for those goods;
13.1.2 Cancelling the whole of your order; or
13.1.3 Cancelling your order for the mis-priced goods and reconfirming
your order for the correctly priced goods
If, within 7 days of receipt of our notice to you, you have not responded by
selecting one of the available options at conditions 13.1.1 to 13.1.3
above then:
(a) If all of
the goods you have ordered are found to be mis-priced, the entire order will be
cancelled automatically and we will refund or re-credit you for any sum you have
paid for those goods; or
(b) If only some of the goods you have ordered are found to be mis-priced, our
contract with you continues and we will deliver the correctly priced goods but
we will not be obliged to supply you with the mis-priced goods. In these
circumstances we will refund or re-credit you for any sum you have paid for the
mis-priced goods.
Where a
business credit account has been opened the following applies
14.
We remain owners of the goods you purchase until you have paid for all of them
in full. We can retrieve and resell them if they are not paid for. This applies
to all goods we supply to you and to any money owing in respect of any
transaction with you.
15.
You may 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 our behalf for their full price against all risks to the
reasonable satisfaction of us. On request you shall produce the policy of
insurance to us; and
16. If you are a business customer your right to possession of the goods
shall terminate immediately if:
16.1.1. 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
grant-ing of an administration order in respect of you, or any proceedings are
commenced relating to your insolvency or possible insolvency; or
16.1.2.
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
16.1.3.
You
encumber or in any way charge any of the goods.
Risk and
Title
17.
The Products will be at your risk from the time of delivery.
18.
Ownership of the products will only pass to you when we received full payment of
all sums due in respect of the Products, including delivery charges.
Delivery
and Availability
19.
The goods you order will be delivered to the address (within the United Kingdom)
you give when you place your order subject to the delivery charges detailed in
our website.
20.
Every effort will be made to deliver the goods as soon as possible after your
order has been accepted (Timescales are Estimated). However, we will not be
liable for any loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, we will inform you of any delay as soon as
possible and will give you the option of cancelling your order at this point.
21.
If prior to
despatch of your order we discover that some but not all of the goods are
unavailable, we will no longer supply those unavailable goods. In these
circumstances we will contact you detailing the goods that are unavailable and
offer you the option of cancelling the whole order or amending your order to
substitute the unavailable items with alternative goods. If you have not
cancelled the order within 7 days of receipt of such notice, we will deliver the
available goods in accordance with condition 13. We will refund or re-credit you
for any sum that has been paid by you or debited from your credit card in
respect of the unavailable goods or cancelled order (if you have cancelled it).
22.
To avoid any doubt, where goods are unavailable and you order alternative goods
from us, or where goods have been mis-priced and you subsequently order such
goods at the correct price, these terms of sale shall apply to the order and the
supply of the relevant goods, whether the order is placed through our website or
otherwise.
23.
If delivery
cannot be made to your address for reasons under our control then we will inform
you as soon as possible.
24.
If the goods
do not arrive or are incomplete, are the wrong goods or are damaged when you
open them, you must tell our Customer Services Department within 3 days of
receipt or expected delivery – telephone 0845 2578017
25.
Upon receipt
of your order you will be asked to sign for the goods received in good
condition. If the package does not appear to be in good condition then please
refuse the delivery. If you are unable to check the contents of your delivery at
the point of delivery then please sign for the parcel as "UNCHECKED". Failure to
do so may affect any warranty claims that you make thereafter.
26.
After delivery you are responsible for protecting the goods against loss or
damage.
Right of
Cancellation
27.
You cannot
cancel an order once we have accepted it unless this is agreed in writing by our
authorised representative.
Returns
28.
It is your responsibility to check the goods on delivery. All our goods are sold
to you with the benefit of any transferable manufacturer’s warranty which we
have received from the suppliers of that equipment - our Customer Services
Department will advise you on this.
29.
If faulty goods are to be returned to us you must obtain an RMA (Returned
Merchandise Authorisation) from our Customer Services department. The RMA will
be valid for 14 days. We will arrange for collection of the Goods, which must be
available for collection in their original packaging together with all
accessories and manuals. We cannot accept unauthorised returns which do not have
an RMA.
30.
If you change your mind we may take goods back at our discretion if they are
unopened, unused and in perfect condition. There will be a handling and admin
charge of 15% of the purchase price (or £30 whichever is greater. Please contact
our Customer Services department – 0845 2578017
31.
Any items that you return to us are at your own risk, therefore we strongly
advise all our customers to take reasonable care when returning any items to us
for example, by ensuring the goods are correctly addressed, adequately packaged,
and carried by a reputable carrier.
32.
If you return goods please ensure that you have backed up your data. We will not
be responsible for any data that is lost.
33.
Please note
we do not accept returns of special purchase items, consumables, opened software
unless it is faulty.
Guarantee and Liability
34.
You get the benefit of the manufacturer’s warranty in respect of all the goods
we sell as detailed in paragraph 24 above. Please note that we do not provide
any warranties ourselves in respect of the goods and we exclude any warranties
express or implied by statute, common law or of any other kind. We are willing
however to sell you an additional top-up warranty to supplement the
manufacturer’s warranty.
35.
We are resellers to business customers and as permitted under the Unfair
Contract Terms Act 1977 we exclude liability for claims regarding the quality or
fitness for purpose of goods or otherwise which consumers can make under the
Sale of Goods Act 1979. We are liable for death or personal injury caused by our
negligence. We do not accept any liability for indirect or consequential losses
or loss of profits.
36.
We shall not be liable for any delays in meeting any of our obligations under
this Agreement, where such is due to causes beyond our reasonable control.
37.
A force
Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation)
the following:
(a) Strikes,
lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation of war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any
government.
Data
Protection
38.
We will take all reasonable precautions to keep the details of your order and
payment secure but unless we are negligent, we will not be liable for
unauthorised access to information supplied by you.
Images
39.
Product images are for illustrative purposes only and may differ from the actual
product.
Governing
Law
40.
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.
Company Details
41.
TGC Computers Limited, whose registered office is at 11 Kingfisher Mews, Morley,
Leeds LS27 8GT registered in England and Wales No. 6074223 (the “supplier”,
"we", or "our").
Privacy Policy
Statement
TGC Computers Limited is committed to protecting your privacy and maintaining
the security of any personal information received from you. We strictly adhere
to the requirements of the data protection legislation in the UK.
1. When you order, we need to know your name, address, email address and
card details. This allows us to process and fulfill your order. You have the
option to withhold personal information that is not required for the order
Process.
2. We use your personal information to update you about new
products/services.
3. We will only contact you with your consent.
4. We do not sell, rent or exchange your personal information with any
third party for commercial reasons, beyond the essential requirement for
credit/debit card validation during purchase.
5. In order to process credit/debit card transactions, the bank or card
processing agency may require verifying your personal details for authorisation
outside the EEA (European Economic Area). Your information will not be
transferred outside the EEA for any other purpose.
6. We use a technology called "cookies" as part of a normal business
procedure to track patterns of behaviour of visitors to our site. A cookie is an
element of data that our Website sends to your browser which is then stored on
your system. You can set your browser to prevent this happening. Any information
collected in this way can be used to identify you unless you change your browser
settings.
7. We do not collect sensitive information about you except when you
specifically knowingly provide it. In order to maintain the accuracy of our
database, you can check, update or remove your personal details by clicking the
unsubscribe link which is present in every email we will send to you.
8. We will not transfer your information outside the EEA (European
Economic Area) without first obtaining your consent.
9. We follow strict security procedures in the storage and disclosure of
information which you have given us, to prevent unauthorised access in
accordance with the UK data protection legislation.
If you have any questions about privacy please contact us at
TGC Computers Ltd, 11 Kingfisher Mews, Morley, Leeds, LS27 8GT, TEL: 0845
2578017
or e-mail us at
sales@tgccomputers.co.uk
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