Terms &
Conditions:
NETSCENE MEDIA LIMITED Trading as Recycledcomputerspares.co.uk
CONSUMER TERMS OF SALE
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 Netscene Media Limited, whose
registered office is at 12 Withens Road, LIVERPOOL, L31 0BX registered in England and Wales No. 06038727 (the "Supplier").
All contact
is to be made through our distribution address only (shown below):
Netscene
Media Ltd Trading as recycledcomputerspares.co.uk
Red Lion Building
1 Liverpool
Road North
Maghull
Merseyside
L31 2HB
United
Kingdom
Tel 0151 287
8389
1.2 No
contract exists between you and the Supplier for the sale of any goods until
the Supplier has received and accepted your order.
1.3 An
acceptance of your offer to buy the goods will be sent shortly after your
order. However, we do have the right to terminate the contract in the event
that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The
contract is subject to your right of cancellation (see below).
1.5 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 Supplier"s
website at the time you place your order.
2.2 The
goods are subject to availability. If on receipt of your order the goods you
have ordered are not available in stock we will not accept your order. If after
acceptance or job order the Supplier discovers within [14 days] of our
acceptance of your order that the goods are unavailable we may terminate the
contract and refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.3 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 within 14 days
of accepting your order, the Supplier will inform you as soon as possible and
offer you the option of reconfirming your order at the correct price, or
cancelling your order. If the Supplier does not receive an order confirmation
within 14 days of informing you of the error, the order will be cancelled
automatically. If you cancel the order, or if the order is cancelled
automatically due to the expiry of the 14 day period, the Supplier will refund
or re-credit you for any sum that has been paid by you or debited from your
credit card for the goods.
2.4 In
addition to the price, you will be required to pay a delivery charge for the
goods.
3. Payment
3.1 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. 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.
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.
3.4 All
transactions will be processed in UK Pounds Sterling only, prices shown in
Euros are for guidance only. Please check with your bank or credit card company
for currency exchange charges and rates if ordering from Europe.
4. Delivery
IMPORTANT
INFORMATION
Orders will
not be shipped to alternative countries than the Credit Card billing country.
First 2
orders can only be shipped to the Credit Card billing address unless prior
agreement with Netscene Media Ltd
4.1 The
goods you order will be delivered to the address given when you placed the
order, providing the delivery location is listed as a delivery location on our
web site.
We reserve
the right to cancel the contract between us if you select a delivery location
not listed as a delivery location on our web site.
4.2 Orders
placed before 2.30 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 Supplier"s
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 and repeated delivery attempts; 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 minus any delivery charges incurred by the supplier. 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.
If after
opening your delivery you notice any shortages or damage then you should notify
the Supplier via the support section of the website within 48 hrs of signing
for the goods. (please note that this is 24hrs for our business customers)
4.8 Events
Beyond our Control - we shall have no liability to you for any failure to deliver
goods you have ordered within a specific timescale, or any delay in doing so or
for any damage or defect to goods delivered that is caused by any event or
circumstance beyond our reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion, accident or acts of god.
IMPORTANT
INFORMATION
Orders will
not be shipped to alternative countries than the Credit Card billing country.
First 2
orders can only be shipped to the Credit Card billing address unless prior
agreement with Netscene Media Ltd
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 Supplier"s 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 Supplier"s 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 7 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 the support section of our website, giving details of
the goods ordered and (where appropriate) their delivery time & date.
Notification by phone is not sufficient.
7.3 Except
in the case of faulty or misdescribed 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 given on the Online Returns 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 misdescribed 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 cancelling 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 minus any delivery
charges incurred by the supplier.
7.5 Except
in the case of faulty or misdescribed 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 (see 8.6) 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
- Our warranty is RTB (Return To Base)...we are not liable for any carriage
cost"s in returning the goods for inspection.
8.1 All
goods supplied by the Supplier are warranted free from defects for 12 months
from the date of supply (unless otherwise stated or are a
"consumable" product - see 8.5, 8.6 & 8.7 ). This warranty does
not affect your statutory rights as a consumer.
8.2 This
warranty does not apply to any defect in the goods arising from fair wear and
tear, wilful damage, accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure to follow the Supplier"s
instructions, or any alteration or repair carried out without the Supplier"s
approval.
If we
receive a product back under warranty and once tested there is "No Fault
Found" or the problem is due to an Incompatibility problem with your setup
hardware/software there is a 10 charge incurred for testing also the delivery
cost of returning the goods back to you will be charged at our usual shipping
rate.
This
balance will have to be cleared before the item(s) can be re-dispatched back to
you.
If the
product"s returned for testing are found to be defective and NOT a
compatibility issue then your return postage fee"s will be refunded up to 6.99
on defective items within 30 days of purchase, after this period back to base
warranty applies.
Hardware
which has been "flashed" or modified with authorised or unauthorised
firmware is done solely at your own risk and invalidates any warranty agreement
with the Supplier. The Supplier is not liable for any warranty claims which you
may then encounter with your hardware.
If you have
"flashed" or modified the firmware in your hardware and experience
problems you should return it to the manufacturer for repair under the
manufacturers warranty.
All
hardware returned to us will be tested to verify that the firmware as not been
flashed or modified, if the hardware shows this to be the case the hardware
will be returned back to you and carriage costs in returning it back to you
will be charged.
This
balance will have to be cleared before the item(s) can be re-dispatched back to
you.
If the
product is found to be faulty then a replacement will be given of similar or of
the same technical specification, refunds will only be given within the first
30 days of purchase. If no replacements are available then a refund will be
given at the current price (except if the purchase was made within the 30 day period).
If the item
is being sent back for restocking due to you ordering in error a refund will be
issued minus a 12.5% Restocking fee if returned within a 30 day period from
purchase, we will only accept goods back for Restocking if they are in their original
packaging, unopened and have not been used, if for any reason the goods are not
in their original condition and unable to be placed back into stock you will be
charged the delivery cost of returning the goods back to you.
If the
goods are found to be damaged prior to delivery to you, or defective, we will
at our option repair or replace the goods or refund the price paid by you, we
must be informed of damaged goods in transit within 48 hours of you receiving
them.
8.3 If the
goods supplied to you are damaged on delivery, you should notify the Supplier
in writing via the support section of the website within 48hrs. (Please note
that this is 24hrs for our business customers)
8.4 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
the support section of the website, 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.
8.5
Hardware
All
hardware carries a 12 month RTB (Return To Base) warranty from date of purchase
unless stated otherwise in the product description.
All items
must be packed safely and securely. Ensure that you send goods back to us with
full insurance cover so that you may claim from your insurers for any damage
that may occur during return delivery to the supplier, any goods received by
the supplier damaged will be returned back to you at your cost.
Please
include any original packaging, instructions, leads etc, failure to do so will
result in either the return being refused and returned back to you at YOUR
COST, or a charge being incurred to replace the missing items.
Where goods
are returned as faulty after 30 days of shipping we reserve the right to return
the product to the manufacturer for repair or replacement. If this should
happen then it is likely that the repair or replacement could take up to 30
days to process. In some cases we may advise you to contact the manufacturer
directly as they offer tailored end user warranties and in some cases on-site
replacement and are therefore better placed to resolve any problems.
8.6
Consumables
All
consumables carry a 90 day RTB (Return To Base) warranty from date of purchase
unless stated otherwise in the product description.
In the case
of consumables (such as ink cartridges, DVD/CD Media and paper) where the
suitability/compatibility of the product is ascertainable without breaking the
factory seal, and the factory seal is broken, this is likely to amount to a
breach of your legal obligation to take reasonable care of the goods.
You are
obliged by law to take reasonable care of the goods whilst they are in your
possession. If you return your goods or if you have informed us in writing that
you wish to cancel your order in accordance with our Terms and Conditions of
Sale you should (as applicable) also return or retain the original packaging,
together with all manuals, warranty cards and all accessories and documentation
provided by the manufacturer if applicable.
8.7
Returning Media
Our
warranty is RTB (Return To Base)...we are not liable for any carriage cost"s in
returning the goods.
If you
encounter any problems with DVD/CD media, please stop using the media
immediately and return the unused media back to the supplier, if you continue
to use the media and continually keep having disc failures the supplier is not
liable for all the "burnt" media you have had problems with.
Most
problems with media are usually related to hardware, firmware compatibility and
set-up and is not usually the media which is defective.
We will
gladly refund on unused media which is returned to us in original condition /
packaging and within a time scale of 30 days e.g. no fingerprints, scratches or
general dirt on disc, if discs are returned in a state which makes them
unusable then they will be returned back to you and carriage costs in returning
it back to you will be charged.
If you
return items back we will inspect the items to ensure they are in original condition
and email with the value of the items returned.
This figure
can either be credited towards another order or refunded if purchased within a
30 day period.
If the item
is being sent back for restocking due to you ordering in error a refund will be
issued minus a 12.5% Restocking fee if returned within a 30 day period from
purchase.
Any
carriage costs involved in either you sending goods back to Netscene Media Ltd
T/A Recycledcomputerspares.co.uk or the supplier re-sending items back to you
are NOT payable by Netscene Media Ltd and will be charged at our usual rate.
Your
returns will only be accepted when authorised with an approved RMA number. and
a copy of the RMA number MUST be included within the packaging of the returned
item, failure to do so will result in the item(s) not being processed.
All RMA
numbers can be obtained from our Online Returns section of the web site.
No items
can be returned until you have received a RMA number and this must be enclosed
within your returned item(s).
Please allow
up to 1 working day for authorization of your return and RMA Number.
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 Supplier"s 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. Export
Sales
The
purchaser is the importer to their destination and is responsible for all copy
taxes, levies, performers rights fees, royalties or special duty payments on
all products ordered on this web site, from the United Kingdom.
14.
Clearance/End of Line and Overstocked Deals
The
products sold in our clearance section or described as clearance in their
information is usually below our cost price, these products are sold on an "as
is" basis, without any warranty of fitness for any purpose. These products are
not covered by our usual warranty.
15.
Remittance Terms
All goods
remain the property of the Supplier until paid for in full.
[1] The
Supplier monitor prices on a daily basis. We will not be held responsible for
pricing errors due to software mal-functions, or human error.
Acceptance
of your order WILL NOT be accepted until payment has been processed, and your
goods dispatched.
Netscene
Media Ltd T/A recycledcomputerspares.co.uk reserve the right to cancel your
order.
This
website operates on an "invitation to treat" basis and not as an "offer for
sale". As a result, Netscene Media Ltd T/A recycledcomputerspares.co.uk
reserves the right to decline orders.
This site
is targeted at residents of the European Economic Area and the Channel Islands. If you are not a resident of the European Economic Area or the Channel Islands do not use this site. In listing your place of residence and delivery
address in our order form, you are representing to us that you are a resident
of the European Economic Area or the Channel Islands. This is a representation
on which we rely prior to accepting your offer to purchase our advertised goods
and services.
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, save that consumers resident in Scotland shall have the right to
insist upon these terms being construed in accordance with the laws of Scotland
and to submit to the jurisdiction of Scottish courts.
--------------------------------------------------------------------------------
Netscene
Media Ltd Trading as recycledcomputerspares.co.uk
Red Lion Building
1 Liverpool
Road North
Maghull
Merseyside
L31 2HB
United
Kingdom
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