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TERMS & CONDITIONS
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Online Computer Store Terms & Conditions
1. INTERPRETATION
1.1 In these conditions 'BUYER' means the person
who accepts a quotation of the Seller for the sale of the
Goods or whose order for the Goods is accepted by the
Seller.
`GOODS' means the goods (including any instalments of the
goods or any parts for them) which the Seller is to supply
in accordance with these Conditions.
`SELLER' means Axia Computer Systems Ltd whose registered
office is at the address shown in the About Us Us Section.
`CONDITIONS' means the standard terms and conditions of
sale set out in this document and (unless the context a
otherwise requires) including any special terms and
conditions agreed in writing between the Buyer and the
Seller
`CONTRACT' means the contract for the purchase and sale of
the Goods
`WRITING' includes facsimile transmission, electronic mail
and comparable means of communication.
1.2 Any reference in the Conditions to any
provision of a statute shall be construed as a reference
to that provision as amended, re-enacted or extended at
the relevant time.
1.3 The headings in these conditions are for
convenience only and shall not affect their
interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS
2000
2.1 The consumer is entitled to cancel the contract
with the Supplier up to 7 business days from the date
after receipt of the goods. The consumer is under a duty
to restore goods to the supplier and in the mean time take
reasonable care of them. The consumer must pay for the
safe return of the goods to the Supplier, where the
consumer does not return the goods then the consumer must
pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the goods
from any refund if the consumer fails to return the goods.
The contract may only be cancelled in writing, either by
fax or email, a telephone call is not enough.
Where a consumer exercises the right to cancel under the
cooling off period, the goods should be returned or be
available for collection with 5 days of the notice being
given.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to
be accepted by the Seller unless payment has been taken by
the Seller.
3.2 The quantity, quality and description of and
any specification for the Goods shall be those set out in
the Seller’s quotation (if accepted by the Buyer) or the
Buyer’s order (if accepted by the Seller).
3.3 Any order that has been accepted by the Seller
may be cancelled before delivery or after delivery under
the Distance Selling Regulations. Cancellations must be
made in writing by fax, email, writing to our office.
Notification by phone is not sufficient.
3.4 Any amendments or cancellations to orders must
be received in writing by either fax/email. If no written
confirmation is received then no changes will be made to
the order and goods will be delivered as per the order.
3.5 Orders placed before 4.00 pm on a business 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.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted
price on the website. Buyers shall make an offer to
purchase the goods from the Seller by placing an order on
the website. This offer to purchase does not constitute
the sellers acceptance to supply the goods at the price
shown. The contract shall be made at the point where the
Seller takes a payment from the Buyer in total. Where
there are delays in taking payment the price of the goods
can not be guaranteed. The Seller will notify the buyer
within 48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of
any quotation or in any price list of the Seller, and
unless otherwise agreed in Writing between the Buyer and
the Seller, all prices are given by the Seller on an ex
works basis, and where the Seller agrees to deliver the
goods otherwise than at the Seller's premises, the Buyer
shall be liable to pay the Seller's charges for the
transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods
until the Buyer has paid for them. Payment shall be due
before the Delivery date and time for payment shall be of
the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods
once a reasonable period of time has elapsed from date of
delivery.
6.2 If the goods are thought to be defective after
a reasonable period of time has elapsed then a replacement
or repair may be offered if the goods are indeed found to
be defective.
7. DELIVERY
7.1 The Seller shall make delivery of the Goods to the
Buyer as agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are
approximate only and the Seller shall not be liable for
any delay in delivery of the Goods however caused. Time
for delivery shall not be of the essence of the Contract
unless previously agreed by the Seller in writing. The
Goods may be delivered by the Seller in advance of the
quoted delivery date.
7.3 The Seller may elect to deliver the Goods on
different days by different couriers. The Seller in the
interests of convenience to the Buyer will keep these
instances to a minimum.
7.4 If the Buyer fails to take delivery of the
Goods or fails to give the Seller adequate delivery
instructions at the time stated for delivery (otherwise
than by reason of any cause beyond the Buyer’s reasonable
control or by reason of the Seller’s fault) then, without
prejudice to any other right or remedy available to the
Seller, the Seller may:
7.4.1 store the Goods until actual delivery and
charge the Buyer for the reasonable costs (including
insurance) of storage; or
7.4.2 sell the Goods at the best readily available
obtainable and (after deducting all reasonable storage and
selling expenses) account to the Buyer for the excess over
the price under the Contract or charge the Buyer for any
shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at
the Buyer’s address. The risk on the Goods shall pass to
the Buyer upon such delivery taking place.
8.
WARRANTIES AND LIABILITY
8.1
All goods purchased will be supplied with a 12 month
guarantee.
(Unless Otherwise Stated). In cases where the manufacturer
has setup a direct warranty relationship with the End User
then that procedure will be applied.
8.2 All Goods to be returned must first have the
authorisation of the Seller. Failure to obtain such
authorisation may result in the rejection of the return.
8.3 In the event that the manufacturer replacing or
repairing the Goods and the Seller receiving these Goods
back from the manufacturer, the Seller shall immediately
despatch those Goods at his own cost to the Buyer.
8.4 The Seller shall be under no liability in
respect of any defect arising from fair wear and tear,
wilful damage, negligence, abnormal working conditions,
misuse or alteration of the Goods without the Seller’s
approval.
8.5 Any claim by the Buyer which is based on any
physical damage or defect in the quality or condition of
the Goods or their failure to correspond with
specification shall (whether or not delivery is refused by
the Buyer) be notified to the Seller within 7 business
days from the date of delivery or (where the defect or
failure was not apparent on reasonable inspection)within a
reasonable time after discovery of the defect. If delivery
is not refused and the Buyer does not notify the Seller
accordingly, the Buyer shall not be entitled to reject the
Goods and the Seller shall have no liability for such
defect or failure and the Buyer shall be bound to pay the
price as if the Goods had been delivered in accordance
with the Contract. * We urge our customers to sign for
goods as "contents not checked" * if it is not possible to
check the goods whilst in the presence of the delivery
driver.
8.6 Where any valid claim in respect of any of the
Goods which is based on any defect in the quality or
condition of the Goods or their failure to meet
specification is notified to the Seller in accordance with
these Conditions, the Seller shall be entitled to replace
the Goods (or the part in question) free of charge or
refund to the Buyer the price of the Goods (or a
proportionate price of the price), but the Seller shall
have no further liability to the Buyer. Where a
replacement unit is available a refund will only be
offered within 30 days. Where a refund is requested the
item(s) must be returned to the Seller within 30 days.
8.7 Any item(s) returned to Online Computer Store
will only be accepted if a valid RMA number is clearly
marked on the outside of the package. Any item(s) returned
without a valid RMA number on the outside may be refused.
9. CONFIDENTIALITY
9.1 The Buyer hereby acknowledges and confirms that
the Buyer shall keep confidential all information of a
secret or confidential nature (except for that which is
already in the public domain) in relation to the Seller or
the Seller’s business which is disclosed to it or its
advisors by the Seller or its advisors and will not
without the Seller’s consent divulge such information.
10. Risk/Title
10.1
The goods are at your risk from the time of delivery
10.2
Ownership of the goods shall not pass from the Supplier to
you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of the goods,
and all other sums which are or which become due to the
Supplier from you on any account.
10. Risk/Title
10.1 The goods are at your risk from the time of delivery
10.2 Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to the Supplier from you on any account.
10.3 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.
11. Title for Business Customers
11.1 If you are a business customer until ownership of the goods has passed to you, you must:
11.1.1 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;
11.1.2 not destroy, damage, 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; and
11.1.3 hold the proceeds of the insurance referred to in condition
11.1.4 on trust for the Supplier and pay the proceeds of the insurance to the Supplier within 5 working days of receipt of the proceeds.
11.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
11.2.1 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
11.2.2 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
11.2.3 you encumber or in any way charge any of the goods.
12. Limitation of Liability
12.1 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.
12.2 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.
13. Description of the goods
13.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. 3.2 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.
14. Price of the Goods
14.1 Every effort is made to ensure that prices shown on the Supplier's website 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 canceling 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 and you will be notified by email. If you cancel your order prior to dispatch, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
14.2 In addition to the price, you may be required to pay;
14.2.1 Delivery charges
14.2.2 Value Added Tax and any other taxes
15. Payment
15.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order.
15.2 Payment shall be due before the delivery date.
15.3 There will be no delivery until cleared funds are received.
15.4 Credit account invoices (unless otherwise agreed by the Supplier) shall be payable by the Customer within 30 days of the Supplier's invoice. In the event of late payment the Supplier reserve the right to charge interest on overdue amounts at an interest rate of 3% above the current Barclays Bank Plc base Rate.
16. 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.
17. Our Right of Cancellation: If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of
the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in
relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Company Details
Address :
Axia Computer Systems Ltd
Axia House
111 St Albans Road
Watford
Hertfordshire
WD17 1UH
Telephone : 01923 333111
Fax : 0871 983 7301
Email : sales@axia.co.uk
Main Web Site : www.axia.co.uk
Online Shop : www.axiaonline.com
Internet Services : www.axianet.com
Company Registration Number: 02969346
Year Established: 1994.
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