Web
systems (uk) limited TERMS and conditions
This page was last updated:
December 23, 2010
Web Systems (UK) Limited (referred to as “we”, “our” and
“us”) is the operator of this website. As a user of this website (referred to
as “you” and “your”) you acknowledge that your use of this website, including
any order you make, is subject to our terms and conditions below.
Please read through these terms and conditions
carefully and print a copy for future reference.
We may change these terms and conditions at any time (but
not in relation to orders that have been sent to us). Any changes will take
effect on the date they are posted onto this website. Your continued use of
this website will be subject to the then current terms and conditions.
1.
Privacy
1.1
You acknowledge and agree to be bound by the terms of our privacy policy
(which can be viewed HERE)
2.
the order process
2.1
You can only place an order once you have successfully registered an
account with us. To register an account you must be at least 18 years of age.
Information that you provide while registering an account with us must be
complete and accurate. You agree that we may block access to your account if we
reasonably believe that the information you have supplied is inaccurate. You
must keep your user name and password secret at all times and not allow anyone
else to use it. You must contact us immediately if you believe your user name
and password has become known to someone else so we may issue you a new user
name and password.
2.2
Before you submit an order (by clicking the Submit Order button) you
will have an opportunity to identify and correct any input errors in your
order.
2.3
After you submit an order we will give you an Order Reference Number and
we will give you details of the goods you have ordered. We will send the same
details to you in an email to the email address you provided when you
registered an account with us.This email will be an acknowledgement
of your order and not an acceptance of it.
2.4
We do not file details of your order for you to subsequently access
directly from our website. Therefore, please print out your acknowledgement of
order for your future reference.
3.
The contract between us
3.1
We must receive payment of the whole of the price for the goods that you
order before your order can be accepted. You may only make payment using a
credit card or debit card from a UK bank account. Once payment has been
received by us we will confirm that your order has been accepted by sending you
another email. We may also decline all or part of your order for any
reason, in which case our further email will tell you so. Our
acceptance of your order brings into existence a legally binding contract
between us.
3.2
If you are not a consumer (a consumer is a person not acting in the
course of their business), you confirm that you have authority to bind any
business on whose behalf you use this website.
4.
Price
4.1
The price payable for goods that you order are as set out in our website
and are in UK pounds. They include any VAT payable.
4.2
You will be required to pay extra for delivery at the rates set out
separately below.
4.3
The total cost of your order will be the price of the goods you order,
plus any applicable delivery charge. All these will be set out clearly in your
Shopping Cart before your submit your order.
4.4
Prices, offers and goods are subject to availability and may change
before (but not after) we accept your order.
4.5
We try and ensure that at all times the information and prices on our
website are accurate and up to date, however, errors can occur. If we discover
an error in price or description of a good ordered by you, we will tell you as
soon as possible and ask you whether you wish to reconfirm your order at the
correct price or cancel it. If we are unable to contact you we will treat your
order as cancelled.
5.
delivery
5.1
We will deliver the goods ordered by you to the address registered
against your account at the time you make your order by using Royal Mail (for
small items) or the courier service Business Post (UK Mail Group PLC). Delivery must
be to an address in Britain. We cannot deliver to Northern Ireland, the Channel
Islands, the Isle of Man, Orkney, Shetland and the Scottish islands. All
deliveries must be signed for by someone aged 18 years or over (except for
items sent by post and which are small enough to be put through your
letterbox). Please make sure you keep the receipt enclosed with your goods.
5.2
Very occasionally different products in the same order will be delivered
separately. We will let you know in advance if this is to happen.
5.3
Where in stock, most orders are delivered within 3 working days (i.e.
Monday to Friday inclusive, but excluding bank holidays) from the time we
accept your order and in any event within 30 days of your order. An estimated
delivery time will be given to you in our acknowledgement of order.
5.4
If we cannot deliver the goods ordered within 30-days of your order
because they are unavailable we will inform you and re-credit to your account
any sum debited by us from your debit or credit card as soon as possible, and
in any event within 30 days of our notification to you. We shall not be under
any liability to you for our failure to deliver the goods to you within 30-days
of your order because they are unavailable or for other reasons beyond our
reasonable control.
5.5
You will become the owner of the goods you have ordered when they have
been delivered to you. Once the goods have been delivered to you they will be
held at your own risk and we will not be liable for their loss or destruction.
As such you should ensure you are adequately insured against any damage or loss
that may occur to the goods.
6.
DELIVERY CHARGES
6.1
Our delivery charges depends on the weight of your order. When you add
goods to your Shopping Cart, the appropriate delivery charge will be added
automatically and will be clearly set out. If you add additional items, please
double check the charge by clicking “update”.
7.
missing, damaged or incorrect orders
7.1
If the goods we deliver are not what you ordered or are damaged or
defective or the delivery is of an incorrect quantity, we shall have no
liability to you unless you notify us of the problem by emailing the address
noted in clause 8.3.1, or writing to us at the address noted in clause 8.3.2.
Therefore, upon receipt of your goods you should inspect your goods to ensure
they have not been damaged in transit, and they are what you ordered, and the
delivery is of a correct quantity. To assist us, and to minimise any delays, in
addressing your problem you should report any problem and obtain a Return of
Material Authorisation number (please quote your invoice number when contacting
us) within 24 hours of the delivery of the goods in question. Not doing
this may lead to delays in addressing your problem.
8.
your Right to cancel your contract
8.1
You may cancel your contract with us for the goods you order at any time
up to the end of the seventh working day from the date you receive the ordered
goods. You do not need to give us any reason for cancelling your contract nor
will you have to pay any penalty.
8.2
You cannot cancel your contract if:
8.2.1
you return the goods without proof of purchase;
8.2.2
the seal has been broken on any software or DVDs; or
8.2.3
the goods were a special order to your specification.
8.3
To cancel your contract you must notify us in writing (to assist us
minimise any delays in refunding your money please obtain a Return of Material
Authorisation number from us) by:
8.3.1
emailing us at rma@web-systems.co.uk; or
8.3.2
writing to us at Web-Systems Limited, Unit 1, Coventry Court, Coventry
Road, Bulwell, Nottingham, England NG6 8PR.
8.4
If you have received the goods before you cancel your contract then,
unless under clause 8.2 you do not have a right to cancel, you must
send the goods back to us at the address noted in clause 8.3.2 at
your own cost and risk. You must take reasonable care to see the
goods returned to us are not damaged in transit. We therefore recommend that
you return the goods to us using Royal Mail's registered post or using a
reputable courier (in each case please ensure the goods are insured to their
replacement value). We will not accept liability for goods that are damaged in
transit and recommend you ensure the goods are sufficiently packaged to prevent
this happening. The goods must be complete and in an 'as new' condition. If
you have opened the box to examine the goods you must have done so using
reasonable care. The goods should be returned with the original accessories
and, where possible, the original box and packaging.
8.5
If you cancel your contract, but we have already processed the goods for
delivery, you must not unpack the goods when they are received by you and you
must send the goods back to us at our contact address noted in
clause 8.3.2 at your own cost and risk as soon as
possible. Again, you must take reasonable care to see the goods returned to us
are not damaged in transit. We therefore recommend that you return the goods to
us using Royal Mail's registered post or using a reputable courier (in each
case please ensure the goods are insured to their replacement value). We will
not accept liability for goods that are damaged in transit and recommend you
ensure the goods are sufficiently packaged to prevent this happening.
8.6
Once you have notified us that you are cancelling your contract, any sum
debited by us from your debit or credit card will be re-credited to your
account as soon as possible and in any event within 30 days of your
cancellation. If you do not return the goods delivered to you or do not pay the
costs of delivery, we shall be entitled to deduct the direct costs of
recovering the goods from the amount to be re-credited to you.
9.
return of faulty goods
9.1
In the unlikely event of a fault with your goods please contact our
support staff:
9.1.1
by phoning: 0115 9279064; or
9.1.2
by emailing: rma@web-systems.co.uk.
9.2
Our support staff will discuss the alleged fault with you. If your goods
need to be returned to us, our support staff will give you a Return of Material
Authorisation number which you should clearly mark on the outside of the return
package. Please also enclose with the return package a written description of
the alleged fault in the goods. The return to us of the allegedly faulty goods
will be at your own cost and risk. We
therefore recommend that you return the goods to us using Royal Mail's
registered post or using a reputable courier (in each case please ensure the
goods are insured to their replacement value). We will not accept liability for
goods that are damaged in transit and recommend you ensure the goods are
sufficiently packaged to prevent this happening. When returning the goods to us
please do not use a premium courier service (e.g., sameday delivery) because we
will only refund to you your reasonable direct costs of delivering the goods to
us if the fault is verified.
9.3
Upon receipt of the allegedly faulty goods, they will be extensively
tested for the reported fault. If after testing we verify the fault (or you
have the fault verified by an independent expert) we will refund the reasonable
direct costs of delivering the faulty goods to us and we will offer you either
a refund, repair or exchange as is reasonable in your specific circumstances.
9.4
However, if we cannot verify the fault (or you cannot have the fault
verified by an independent expert) or we prove the goods are not faulty, the
returned goods will be returned to you. You will be responsible for the cost of
postage and packaging for the return of the goods to you in such
circumstances. We reserve the right to charge you a £15 fee for our
time in diagnosing a purported fault where we can show you that the goods are
not faulty.
9.5
To qualify for a refund or exchange of the goods:
9.5.1
you must give us proof of purchase (e.g., a receipt, cheque stub or
credit or debit card receipt); and
9.5.2
the goods must otherwise be in an 'as new' condition and complete with
any original accessories (and, if possible, the original box and packaging).
9.6
Please return the goods to us at the address noted in clause 8.3.2.
9.7
We will not repair, exchange or refund goods whose fault was caused by
you through accident, neglect, misuse or normal wear and tear.
10.
Liability
10.1
If you or we notify a problem under clauses 5.4, 7.1 or 9, we will, at
your option:
10.1.1
make good any shortage or non-delivery;
10.1.2
replace or repair any goods that are damaged or defective; or
10.1.3
refund to you the amount paid by you for the goods in question.
10.2
We will not be liable under our contract with you for any loss, damage
or expense you suffer as a result of us breaking any of our obligations if the
loss, damage or expense is not a foreseeable consequence of us breaking our
obligation. Loss, damage or expense is foreseeable where they could be
contemplated by you and us at the time our contract with you is concluded. We
are not responsible for indirect or consequential losses which happen as a side
effect of the main loss or damage and which are not foreseeable by you and us.
10.3
You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other permits
to purchase goods from our site. The importation or exportation of certain of
our goods to you may be prohibited by certain national laws. We make no
representation and accept no liability in respect of the export or import of
the goods you purchase.
10.4
Notwithstanding the foregoing, nothing in these terms and conditions is
intended to limit any rights you might have as a consumer under English law or
other statutory rights that may not be excluded nor in any way to exclude or
limit our liability to you for any death or personal injury caused by our
negligence.
10.5
We will take reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorised access to information provided by
you.
11.
additional terms
11.1
Additional terms and conditions may apply for our offers. If so, you
will be advised of them at the relevant point.
12.
intellectual property
12.1
We, or our licensors, own the copyright, trademarks and all other
intellectual property rights in all material and content of this website, which
you may use, download and copy for your own personal, non-commercial use. Any
other use or reproduction of the material or content is strictly prohibited.
12.2
You may not create any link to this website without our prior written consent,
nor may you restrict or inhibit the use or enjoyment of it any one else.
13.
availability of this website
13.1
We make no warranty or promise that this website will remain available
for your use, or that its use will always be free from viruses or bugs or any
errors. We will not be liable to you for any loss of content or material you
upload or transmit through this website.
14.
third party websites
14.1
We may provide links to other websites for your convenience. Any other
websites to which you link from this site are governed by their own terms and
conditions. We accept no responsibility or liability for the content or
operation of websites which are not under our control and do not endorse them.
15.
Notices
15.1
Unless otherwise expressly stated in these terms and conditions, all
notices from you to us must be in writing and sent to our contact address noted
in clause 8.3.2 or by email to sales@web-systems.co.uk and all notices from us
to you will be emailed to you at the email address you provided us when you
registered an account with us.
16.
Invalidity
16.1
If any part of these terms and conditions is unenforceable (including
any provision in which we exclude our liability to you) the enforceability of
any other part of these conditions will not be affected.
17.
assignment
17.1
You may not assign or sub-contract any of your rights or obligations
under these terms and conditions or any related order for goods to any third
party unless agreed upon in writing by us.
17.2
We reserve the right to transfer, assign, novate or sub-contract the
benefit of the whole or part of any of our rights or obligations under these
terms and conditions or any related contract to a third party.
18.
Third party rights
18.1
Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the UK Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement but
this does not affect any right or remedy of a third party that exists or is
available apart from that Act.
19.
Governing law
19.1
The contract between us shall be governed by and interpreted in
accordance with English law and the English courts shall have exclusive
jurisdiction (except where we deliver to Scotland, in which case the Scottish
courts may also have jurisdiction) to resolve any disputes between us. English
is the language offered for the conclusion of the contract between you and us.
20.
Entire agreement
20.1
We intend to rely on the written terms set out in these terms and
conditions, together with our current website prices, delivery details, contact
details and privacy policy. If you require any changes, please make sure you
ask for these to be put in writing. In that way we can avoid any problems about
what we and you are expected to do.
21.
WHO WE ARE
21.1
This site is operated by, and any contract for the sale of goods will be
with, Web Systems (UK) Limited (company number: 04358983) whose registered
office is at Unit 1, Coventry Road, Bulwell, Nottinghamshire NG9 8PR. Our VAT
number is: 803-9751-22.
22.
WEEE REGULATIONS
21.1
For details click HERE.
