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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 PcofMind Limited, whose
registered office is at Bridgend, Mid Glam, CF31 2PA registered in England and
Wales No. 4435362(the "Supplier", or "we", or "our").
1.2
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
(which we may do at our discretion).
1.3
We will send you an order acknowledgement shortly after you place your order,
notifying you that we have received your order. This acknowledgement is not
notification that we have accepted your order.
1.4
If we accept your order, we will notify you by email that we have accepted it
prior to dispatch of the goods. If we cannot accept your order (for example (but
without limitation) because the goods are found to be unavailable) we will
notify you by telephone or email.
1.5
In the event that, after we accept your order, we discover that the goods
ordered are unavailable or that there was a pricing error on our website in
respect of the goods ordered, we reserve the right not to supply the goods
ordered and to offer you a refund or alternative goods in accordance with
conditions 2.2 to 2.4 below.
1.6
The contract is subject to your right of cancellation (see condition 7 below).
1.7
We have the right to terminate the contract if the price of the goods is not
received from you in cleared funds (in accordance with condition 3.1).
1.8
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
Supplierīs website at the time you place your order.
2.2
If after acceptance of your order we discover within 14 days of such acceptance
that all of the goods are unavailable, we may terminate the contract and refund
or re-credit you within 7 working days for any sum that has been paid by you or
debited from your credit card for those goods. In these circumstances, we will
inform you as soon as possible.
2.3
If within 14 days of our acceptance 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 canceling the whole order or amending
your order to substitute the unavailable items with alternative goods. If you
have not cancelled the order within 14 days of receipt of such notice, we will
deliver the available goods in accordance with condition 4 below. 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).
2.4
Every effort is made to ensure that prices shown on the Supplier4s website are
accurate at the time you place your order. If within 14 days of accepting 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 wrongly priced
goods and offering you the option of:
2.4.1
placing a new order at the correct price for those goods;
2.4.2
canceling the whole of your order; or
2.4.3
canceling your order for the wrongly priced goods and reconfirming your order
for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by
selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be wrongly priced, the
entire order will be cancelled automatically and the Supplier 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 wrongly 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 wrongly priced goods. In these
circumstances we will refund or re-credit you for any sum you have paid for the
wrongly priced goods.
2.5
To avoid any doubt, where goods are unavailable and you order alternative goods
from us, or where goods have been wrongly 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.
2.6
In addition to the price, you may be required to pay a delivery charge for the
goods, details of which are clearly displayed on our website at the point that
you place your order.
3. Payment
3.1
Payment for the goods and delivery charges can be made by any method shown on
the Supplierīs website at the time you place your order. Payment shall be due
before the delivery date and time for payment shall be a fundamental term of
this agreement, breach of which shall entitle the Supplier to terminate the
contract immediately.
3.2
There will be no delivery until cleared funds are received (with the exception
of business accounts where we have agreed credit facilities with you).
3.3
Payments shall be made by you without any deduction whatsoever 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 4.00 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 Supplierīs
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 or debited from your credit card
for the goods. On exercising your right to cancel you shall be required to
return the goods to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the Supplier
in retrieving the goods as a result of such failure.
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
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.
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 even though
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 Supplierīs 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 Supplierīs 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
grant-ing 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 10 days after you
receive the goods (see below). Please note that this policy has some limitations
and does not apply to business customers.
7.2
To exercise your right of cancellation, you must give written notice to the
Supplier by hand, post or email to
sales@pcofmind.biz , giving details of the goods ordered and (where
appropriate) their delivery. Notification by phone is not sufficient.
7.3
Except in the case of faulty or wrongly described goods, 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 within the Returns on Line section of the
website. You must take reasonable care to ensure the goods are not damaged in
the meantime or in transit. In the case of faulty or wrongly described goods we
shall, after receiving notification in accordance with clause 8.3 or 8.4, either
collect the goods from you or ask you to return the goods yourself and possibly
refund you the reasonable postage costs.
7.4
Once you have notified the Supplier that you are canceling the contract, the
Supplier will refund or re-credit you within 30 days for any sum that has been
paid by you or debited from your credit card for the goods.
7.5
Except in the case of faulty or wrongly described goods, 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, save where a fault is discovered which could not
have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1
All new 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. If new goods develop a defect during
the 12 month warranty period, you should follow the Supplier's Returns procedure
(see condition 12 below). In the event of a valid claim for a defect in the new
goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option)
either:
8.1.1
replace those goods, if the Supplier has available the same goods at the same
price;
8.1.2
repair those goods; or
8.1.3
refund or re-credit you the sum you have paid for the relevant goods within 30
days of the date that the relevant goods are returned in accordance with the
Supplier's Returns procedure (see condition 12 below).
8.2
Wherever possible, previously used or owned goods ("Used Goods") will be
highlighted as being so used on the Supplier's website at the time you place
your order. All Used Goods supplied by the Supplier are warranted free from
defects for 90 days from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer. If Used Goods
develop a defect during the 90 day warranty period, you should follow the
Supplier's Returns procedure (see condition 12 below). In the event of a valid
claim for a defect in the Used Goods, the Supplier will (at its option) either:
8.2.1
replace those Used Good(s), if the Supplier has available the same Used Goods(s)
at the same price;
8.2.2
repair the Used Good(s); or
8.2.3
refund or re-credit you the sum you have paid for the relevant Used Good(s)
within 30 days of the date that the relevant Used Good(s) are returned in
accordance with the Supplier's Returns procedure (see condition 12 below).
8.3
The warranties in conditions 8.1 and 8.2 above do 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 in accordance with its intended use,
failure to follow the manufacturer's or Suppliers instructions, or any
alteration or repair carried out without the Supplier4s prior written approval.
8.4
If the goods supplied to you are damaged in transit, you should notify the
Supplier in writing via email to
sales@pcofmind.biz within 7 working days of receipt of the goods (please
note that this is 48 hours for our business customers) and return the goods to
us in accordance with our returns policy (see condition 12 below). Once we have
verified the fault, we will issue you with (at your discretion) a replacement or
full refund via your original payment method and reimburse your reasonable
return carriage costs. This does not affect your rights under clauses 8.1, 8.2
and 8.5.
8.5
If the goods supplied to you are faulty or incomplete on arrival (whether or not
they were damaged in transit), you must notify us within 28 calendar days of
receipt of the goods and return the goods to us in accordance with our returns
policy (see condition 12 below). Once we have verified the fault, we will issue
you with (at your discretion) a replacement or full refund via your original
payment method and reimburse your reasonable return carriage costs. This does
not affect your rights under clauses 8.1 and 8.2.
8.6
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 email to
sales@pcofmind.biz, as soon as possible, but in any event within 14 days of
the date you discovered or ought to have discovered the damage, defect or
complaint.
9. Limitation of Liability
9.1
Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to
you for any loss or damage in circumstances where:
9.1.1
there is no breach of a legal duty owed to you by the Supplier or by its
employees or agents;
9.1.2
such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3
any increase in loss or damage resulting from breach by you of any term of this
contract.
9.2
Nothing in these conditions excludes or limits the liability of the Supplier for
death or personal injury caused by the Supplierīs 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. Images
Product images are for illustrative purposes only and may differ from the actual
product.
12. Returns
12.1
Any items returned to us which you claim to be faulty or incomplete are checked
and verified by our technicians. Any returned items that are found not to be
faulty or incomplete will be returned to you and we shall be entitled to charge
you for the return carriage costs via your original payment method. In the event
that your credit card has expired, or is declined we will hold the item(s) until
full payment has been made for the return carriage.
12.2
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.
13. Governing Law and Jurisdiction
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.
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