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Please note that these terms and conditions are important, and govern the legal framework of the contract for the sale of goods between Clickonit.com, (hereinafter referred to as the supplier), and you. You should retain a copy of these conditions together with a copy of your order when you have placed it.
1. Format of the Contract
1.1. These terms of sale apply to all goods supplied by ClickonIT.com Limited, known hereafter as the supplier, whose registered office is at 129A Middleton Boulevard, Wollaton Park, Nottingham, NG8 1FW, registered in England and Wales No. 4516904.
1.2. An acknowledgement of your order will be sent to you via e-mail when you place your order. This acknowledgement must be accepted by you.
1.3. No contract exists between you and the supplier for the sale of any goods until the supplier has received and accepted your order, the supplier has received full payment in cleared funds and you have accepted your acknowledgement e-mail.
1.4. If you are a retail customer, then the contract is subject to your right of cancellation as laid out in (7) below. If you are not a retail customer, then section 7 does not apply.
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, (subject to the provisions of clause 2.3), except that the picture of the goods shown on the website may vary from the actual product, and is included for illustrative purposes only.
2.2. The goods are subject to availability. If, on receipt of your order, the goods you have ordered are not available in stock, and cannot be obtained within 48 hours of sending you your payment confirmation e-mail, 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 before the binding legal contract has been created, the supplier will inform you as soon as possible, and offer you the options of reconfirming your order at the correct price or removing the incorrectly priced item(s). If the supplier does not receive an order confirmation within 14 days of the day that the e-mail is sent informing you of the error, then the incorrectly priced items will automatically be removed from the order, and any payment already made in respect of these items will be refunded or re-credited.
2.4. In addition to the price of the goods, you will be required to pay a delivery charge and a credit card supplement if you choose to pay by this method.
2.5. The supplier cannot warrant that items purchased from the supplier will be compatible with any other hardware or software, unless that compatibility is explicitly stated on the website. If any doubt exists the customers must check with the supplier’s support line or the manufacturer before making their purchase.
3. Payment
3.1. Payment for the goods and other 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 the time of payment shall determine the day of delivery.
3.2. There will be no delivery until cleared funds are received.
3.3. Payments shall be made by you without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise 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 the order, but this address must be within the United Kingdom.
4.2. Orders placed before 1500 hours on a working day, (defined as any day other than a Saturday, Sunday, bank holiday or public holiday), will be processed on that day and will be delivered as per the requested delivery option, provided no additional security checks are required, all stock items are available and the payment has cleared.
4.3. If delivery cannot be made to your address for reasons under the supplier's control, the supplier will inform you by e-mail 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 delivery.
4.4. If delivery cannot be made to your address for reasons under your control, or you deliberately fail to take delivery of the goods, 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 delivery cannot be made to your address because you have cancelled the contract under the Distance Selling Regulations before the time of delivery, 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, less any expenses for the failed delivery and less an administrative charge of £10.00 plus VAT for processing the refund and return.
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, but the supplier will inform you as soon as possible by e-mail of any known delays in the delivery of your goods.
4.7. Time of delivery shall not form an essential part of the contract, and the goods may be delivered by the supplier in advance of the quoted delivery date.
4.8. Upon receipt of your order, you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time, please sign for the parcel as 'UNCHECKED'. Failure to comply with this may affect any warranty claims that you make thereafter.
5. Risk and 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 due 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 notwithstanding that 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; produce the policy of insurance to the supplier on request.
6.1.3. Hold the proceeds of any insurance claim on the insurance referred to in condition 6.1.2 on trust for the supplier, and not mix it 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 any goods for which you do not yet hold the title shall terminate immediately if:
6.2.1. You have a bankruptcy order made against you, you make an arrangement or composition with your creditors or you take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors.
6.2.2. If you are a corporate body you convene a meeting of creditors, (whether formal or informal), enter into liquidation, (whether voluntary or compulsory), except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation or you have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof.
6.2.3. If you are a corporate body a resolution is passed or a petition presented to any court for your winding up or for the granting of an administrative order in respect of the body, or any proceedings are commenced relating to your insolvency or possible insolvency.
6.2.4. 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.
6.2.5. You encumber or in any way charge any of the goods.
6.3 Subject to the absolute discretion of the supplier, non-retail customers can apply to the supplier to return unwanted or mis-ordered items. The following conditions apply to any such application.
6.3.1 Any such application must be made within 7 days of the receipt of the goods.
6.3.2 A restocking fee of £25.00 plus VAT will be applied in all circumstances.
6.3.3 Returned goods must be received at the supplier's PO Box within 14 days of the application being granted.
6.3.4 Clauses 7.3 and 7.4 will apply to all such applications.
7. Your right of cancellation
7.1. You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods.
7.2. To exercise your right of cancellation, you must give written notice to the supplier by letter at Clickonit.com Ltd., PO Box 6582, Derby, DE1 9HL. or via the returns section of the website, giving details of the goods to be returned, the invoice number and the serial number. Notification by telephone is not sufficient.
7.3. If you exercise your right of cancellation after the goods have been delivered to you, or if the goods have been delivered to you after you have cancelled, and it was not possible to prevent delivery, then you will be responsible for the costs of the return, and the supplier will notify you of the required method of return as follows:
7.3.1. Most goods will be returned by you at your discretion, subject to the over-riding requirement that goods must arrive at the supplier's return address no later than 21 days after the date that you gave the notice of cancellation. An administration charge of £10.00 plus VAT (£11.75) will be levied in respect of the actual costs of processing the return and refund.
7.3.2. At the discretion of the supplier, some goods will be collected by a courier service retained by the supplier. In these circumstances the goods will be collected from the invoice address, a date for collection will be notified to you and a charge of £20.00 plus VAT (£23.50) will be levied in respect of the actual costs of processing the return and refund.
7.3.3. If you are responsible for returning the goods in accordance with 7.3.1, or ensuring that they are available for collection under 7.3.2 and you fail to fulfil your obligation, the cancellation of the order will be void, and no refund will be given.
7.4. You are required to take reasonable care of the goods to be returned and to take reasonable steps to ensure that they are not damaged in transit. In particular the following steps must be observed in respect of the transit of certain items.
7.4.1. All cards and drives must be in electrostatic bags if they arrived in electrostatic bags.
7.4.2. All items with moving parts, such as drives, scanners and printers must be packaged in exactly the same way as they were delivered.
7.5. Once you have notified the supplier that you are cancelling the contract, the supplier will refund or re-credit you within 30 days of the day that you gave the cancellation notice, less any sum in 7.3.2 above. No refund will be given until the goods have arrived at the supplier's premises.
7.6. You do not have the right to cancel the contract in the following circumstances:
7.6.1. Software where the seal has been broken by you.
7.6.2. Ink cartridges where the vacuum pack has been opened
7.6.3. Any other consumable items where there is a sealed inner wrapping that has been opened.
7.6.4. Any item where the outer packaging has been damaged or defaced in such a way as to make the goods unsaleable at full retail price.
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 or manufacturer, failure to follow the supplier's instructions, or any alteration or repair carried out without the supplier's approval, except insofar as any such accidents or failures occur before the goods reach your address, and you have endorsed the delivery document accordingly.
8.3. If the goods supplied to you are damaged on delivery, dead on arrival, or develop a fault whilst under warranty, you must:
8.3.1. Complete the on-line return form.
8.3.2. Await the issuing of a returns number from clickonIT.com.
8.3.3. Repackage the goods in accordance with the guidelines in 7.4, 7.4.1 and 7.4.2
8.3.4. Clearly state the returns number on the outside of the package.
8.3.5. Return the goods to the returns address given at your expense.
8.4. Returns that are damaged on delivery or dead on arrival will normally be replaced, (subject to 8.2 above), as soon as the damaged/faulty item has been received at the supplier's premises.
8.5. Returns that have developed a fault under warranty will normally be replaced, (subject to 8.2 above), within four weeks of the date that you return the goods to the supplier.
8.6. The warranty on some items, particularly monitors and printers, is fulfilled directly by the manufacturer. It is your responsibility to read the documents that are supplied with each item, and return requests for such items will be rejected by the supplier.
8.7. If you have any other complaints about the goods, or the service given by the supplier, you should write to the supplier at Clickonit.com Ltd. PO Box 6582, Derby, DE1 9HL.
9. Limitation of Liability
9.1. 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.
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. Applicable Law
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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