North East Peripherals Ltd Consumer Terms
& Conditions of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR
ORDER AND KEEP 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 North East
Peripherals Ltd, whose registered office is at 675-677 George Street,
Aberdeen, AB25 3XP, registered in Scotland number SC216788 (the
"Supplier").
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 and you receive your acceptance e-mail. 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 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, 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 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 of the essence.
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 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
Supplier's control 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 delivery.
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, less any expenses
incurred for failed delivery.
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 Time for delivery shall not be of the essence. 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 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, cleared funds or account purchase order) 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
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.
On request you shall produce the policy of insurance to the Supplier;
and
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 granting 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 7 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 letter or via the Returns on Line section of our
website, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient.
7.3 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 below. You must take reasonable care to ensure the goods are not
damaged in the meantime or in transit.
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 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, or for consumable goods which, by their nature,
cannot be returned.
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 address or fax number
shown below within 7 days.
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 address or fax number shown in the
contact us area of the website or on your sales invoice, 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 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
Scottish law and the Scottish courts will have jurisdiction in respect
of any dispute arising from the contract.
12. Images & Description Product images and descriptions are
for illustrative purposes only and although we endeavour to ensure that
these are accurate we cannot accept responsibility for any errors or
discrepancies. North East Peripherals Ltd
675-677 George Street
Aberdeen
AB25 3XP
United Kingdom
Sales: 01224 658248
Tech: 01224 649745
Fax: 01224 658418
E-Mail: sales@neponline.co.uk
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