SpotOn	We or us
Customer	You and Your
Consumer	Any person who buys goods from us for purposes which are outside his trade, business or profession
Goods	The computer case and accessories sold by us to you including packaging, manuals and any other ancillary components or documents
Conditions	Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us
Our Address	SpotOn 126 Milkstone Road Rochdale OL11 1NU UK
Our telephone number	01706 248933

 

 

Part I

1. a) Making an agreement to purchase our goods

• The market in the goods is such that the specification, description and price of individual goods can change
• The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
• Your order is an offer to us to buy the goods of the specification and description at the price indicated.
• Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated and in which case there will be a concluded agreement between you and us.
• Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
• You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.

1. b) Delivery of the goods

• The price of the goods include our 48hr delivery service by us to you
• The costs of carriage excluding our 48hr delivery service and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
• The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
• You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
• Insofar as you report any transit damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
• In respect of any transit damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.

Part II

1. a) Payment and Price

• We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.

1. b) Delivery

• We will try to deliver the goods to you within the time estimated for delivery.
• If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
• If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:

1. we shall inform you by e-mail ;
2. we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;
3. unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.

1. c) Your right of cancellation

• The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
• You have a right to cancel the agreement at any time before the expiry of a period of 14 calendar days which begins on the day the goods are delivered.
• You may cancel by giving us notice in any of the following ways:

1. by a notice in writing which you leave at our address (given above);
2. by a notice in writing which you send by post to our address (given above);
3. by electronic mail to our electronic mail address (given above);

and the notice shall operate to cancel the agreement between us.

• If you cancel the agreement :

1. you must return the goods to us at the address given above ;
2. the goods must be returned to us complete (please note the definition of goods given above) ;
3. you are responsible for the cost of returning the goods to us at the address given above;
4. you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
5. you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under or in relation to the agreement.
7. we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.

1. d) 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.

1. e) Statutory rights

• Your right of cancellation is in addition to your other statutory rights.
• The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.

1. f) Guarantees and after sales service

• We guarantee that the goods will correspond with the stated description and specification.
• We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
• We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
• Subject to you complying with the voluntary code for the return of goods we guarantee that the goods will remain of satisfactory quality in normal use for 3 months following delivery and will refund the cost of the goods or credit the cost of the goods or replace the goods in accordance with timescale for return of the goods set out in the voluntary code.
• The terms of any manufacturers guarantee and after sales service will be included within the documents accompanying the goods.
• We are willing to provide advice to you in accordance with the conditions below.

1. g) Advice given by us to you

• We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
• We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
• Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.
• We do offer a service whereby we will install our goods into your existing system. If you ask us to do that, we can warrant the suitability of the goods installed by us.

1. h) Your responsibilities

• It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
• It is your responsibility to ensure proper installation of our goods into your existing system.
• It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
• It is your responsibility to ensure to pay any customs charges and to be aware of any potential charges when placing an order to be shipped internationally.

Voluntary Code for the return of goods by you to us. This code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.

Important in individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizens advice bureau.

The Code we recognises that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of delivery to you, incompatibility with existing components within your system, poor installation or simply slower performance than you require.

We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.

In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.

In any case where we agree that the problem has arisen because of a defect in the goods at the point of delivery to you:

We will refund the cost of the goods to you if returned within 14 days of the date of delivery; in any other case we will replace the goods or provide you with a credit for the cost of the goods.

In every case where you return goods upon the basis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods.

In any case where it is established that there was no defect in the goods at the point of delivery to you

• we will nonetheless try to assist you in resolving the problem
• depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods.
• insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.

1. i) Limitations upon our liability to you

• Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
• We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
• We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.

1. j) Choice of law and jurisdiction

• This contract is subject to the law of England and Wales.
• All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.