PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. PLEASE NOTE OUR "SHIPPING
AND RETURNS" INFORMATION ALSO FORMS PART OF OUR TERMS AND CONDITIONS
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by System Deals
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 and the Supplier has received
payment in full (in cleared funds). Once the Supplier does so, there is a binding
legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you
via e-mail when you place your order, but acceptance of your offer to buy the goods
will not take place until after your payment is taken . It is at this point that
a binding legal contract is created and any contract is subject to these Terms and
Conditions.
1.4 The contract is subject to your right (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, the Supplier will inform you as soon
as possible 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, 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 may 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.
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 12 noon 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; 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 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 the end of 3 working
days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the
Supplier by hand, post or e-mail, 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 incorrectly 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 form. You must take reasonable
care to ensure the goods are not damaged in the meantime or in transit. In the case
of faulty or incorrectly described goods we shall, after receiving notification
in accordance with clause 8.3 or 8.4, either ask you to return the goods yourself.
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.
7.5 Except in the case of faulty or incorrectly 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 items which have 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 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.
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.
8.3 If the goods supplied to you are damaged on delivery, you should notify the
Supplier in writing via the e-mail contact form on our website within 48 hours.
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 e-mail contact form on our website, as soon as possible, but in any event within
7 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 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
For certain generic products images may differ slightly from the actual product.
Where this is the case, we will make it abundantly clear on the product information
page.
These terms of sale and the supply of the goods will be subject to Scottish law
and the Scottish courts will have jurisdiction in respect of any dispute arising
from the contract, save that consumers resident in England shall have the right
to insist upon these terms being construed in accordance with the laws of England
and to submit to the jurisdiction of English courts.'