Terms and Conditions
Getech Limited trading as USRStore.com
About Getech Limited
Getech Limited is a company registered in England
with company number 2436537 and whose registered office is at Solutions Centre,
Knightsdale Road,
Ipswich, Suffolk, IP1 4JQ. We were incorporated in 1989.
We are one of the UKs largest IT suppliers with an annual turnover of
approximately L30 million. We are a quality led company and aim to provide a
level of service that promotes trust and confidence in everything we do.
Definitions
"Contract" means any Contract between You and Us
for the sale and purchase of Goods;
"Goods" means any hardware, software ordered by you from us;
"Non Standard Goods" means any Goods ordered by you, which
require alteration by us prior to despatch to meet your required specification;
"Standard Delivery Hours" means 8am to 6pm
on any Working Days;
"Order" means your order for the supply of Goods which are
subject to these terms and conditions;
"Order Confirmation" means our written confirmation of the
Order, whether communicated by browser, email, fax or post, detailing the
Goods, together with the Price and whether or not the Goods will be Non
Standard Goods. For the avoidance of doubt this does not constitute an order
acceptance;
"Price" means the price of the Goods as set out on our website
from time to time plus the cost of delivery and any applicable surcharge, as
confirmed in the Order Confirmation;
"We" or "Us" means Getech Limited trading
as USRStore.com;
"Working Days" means Monday to Friday, excluding Bank
or other Public holidays in the UK;
"You" means you, our customer;
1.
Application of Terms
1.
These terms and conditions are the only terms upon which we are
prepared to deal with you and they shall govern the Contract to the entire
exclusion of all other terms and conditions. No terms or conditions put forward
by you will form part of the Contract.
2.
Each Order for Goods by you from us shall be deemed to be an
offer by you to purchase the Goods subject to these conditions and no Order
shall be accepted by Us until after we despatch the Goods.
2.
The Service That We Will Provide To
You
1.
We shall use all reasonable endeavours to arrange for the Goods
to be delivered to the address specified by you within the UK within 10 Working Days of the
date of the Order Confirmation or receipt by Us of payment in full of the
Price, whichever is the later.
2.
Delivery to the delivery address will be made by courier during
Standard Delivery Hours on a date that will be notified by Us to You. We cannot
specify the precise time of delivery. Time of delivery shall not be of the
essence.
3.
Delivery will take place when the Goods are delivered to the
delivery address. Risk and Title in the Goods shall pass from us to you upon
delivery and, accordingly, you should consider insuring them from that time.
4.
If the estimated delivery date specified by Us is likely to be
missed, for any reason, We shall advise you and agree a revised delivery date.
If the revised delivery date is likely to be delayed by more that 14 days, you
may cancel the Order (or part thereof) for a full refund if the revised
delivery date is not acceptable to you.
3.
Payment Process
1.
We will normally take payment of the Price by credit card or
debit card. We accept most major credit/debit cards commonly in use in the UK. We
normally only process your payment when the Goods are in stock and the Order
has started its fulfilment process (this can be 2 days prior to despatch). We
will however, obtain authorisation on your card immediately you place an Order
(this affects your credit limit only), holding this deferred payment
authorisation for 6 days or until payment is due in full for any of the Goods
in the Order.
2.
You have a responsibility to ensure that:
1.
all details you provide to us for the purpose of purchasing the
Goods are correct; and
2.
the credit or debit card you use to make a purchase from us is
your own card or that you are authorised to use it, and that there are
sufficient funds or credit facilities to cover the cost of the Goods you order
from us. We reserve the right to obtain validation of your credit or debit card
details before accepting your Order;
3.
Please note that VAT and a delivery charge is payable on all
orders which shall be as set out in the Order Confirmation. We may also add a
credit card surcharge to the order.
4.
Title in the Goods will not pass to you until payment of the
Price is received by Us and the Goods have been delivered to you.
4.
Product Specifications
1.
We make every effort to supply the Goods as advertised but
reserve the right to supply the Goods subject to minor variations in actual
dimension and specification where these are changed by the relevant
manufacturer or are out of our control.
2.
Due to the current manufacturing methods of active matrix display
panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or
off) are accepted by the IT industry as unavoidable. We have to adhere to the
manufacturers guidelines stipulating that a given number of pixel failures are
deemed acceptable before the TFT screen of a product is accepted for
replacement on grounds of fault. Goods with pixel anomalies within manufacturer
guidelines will not be accepted as faulty.
5.
Warranties
1.
We will use all reasonable endeavours to resolve problems with
Goods that you discover to be not in accordance with your Order or "Dead
on Arrival" or "DOA" when delivered to you or during the period
of 7 days from the date of delivery (The "DOA period"). We operate a
returns process to handle DOA products during the DOA period (see clause 6
below for more details). A Product will be deemed to be "Dead On
Arrival" or "DOA" if, during the DOA period, it is found to be:
faulty or damaged (such fault or damage being due to circumstances arising
prior to or at delivery and not due to any fault on your part).
2.
The warranty set out above is the only warranty given by us in
respect of the Goods and all other warranties conditions and other terms
relating to the Goods are excluded to the extent permitted by law. For any
faults arising outside the scope of the above warranty, or outside the DOA
period, you will have the protection of the manufacturers warranty.
3.
Most Goods are supplied with the benefit of a manufacturers
warranty. The warranty period will typically start from the date of invoice.
The specific terms of the manufacturers warranty are set out in a warranty
information card or booklet supplied with the Product. Please retain this
carefully as you will need to refer to the warranty information should you need
to make a claim. Alternatively, you may report USR warranty issues on 0870 844 4546.
6.
Returns during DOA Period
1.
We are committed to providing our customers with the highest
quality Goods. However, on rare occasions, Goods may be found to be DOA. In
such cases, We will use all reasonable endeavours to provide you with a
replacement within 7 days of receipt by Us of the returned item. If you wish to
return DOA Goods, you must follow the process below:
1.
Contact our returns department via email at
uk-returns@usrstore.com;
2.
Please ensure you provide the following details;
a) your internet order confirmation number
b) your full name, address and telephone number
c) the date you received the Goods
d) manufacturer code, description and quantity of the items you wish to return
e) the reason for return
3.
if we agree to the return, we will issue you with a returns of material authorisation ("RMA") number. It is imperative
that you provide this number with the return. Returns will not be accepted without the correct RMA number.
We will advise you where to send the Goods (please note that unless the Goods are defective, the cost of return must be borne by you);
4.
proof of postage is not proof of delivery. If you are returning
the item yourself; you are therefore strongly advised to send your package by
recorded delivery, registered post or courier, and to insure the Goods for
their full value.
5.
on receipt of the returned Goods, we will test to identify the
fault you have notified to us.
6.
if following the testing process, the Goods are found to be in
good working order without defect, we will return the Goods to you, and the
carriage cost of this return will be your responsibility.
7.
this Clause does not apply to consumers returning Goods upon
exercise of their right to terminate the Contract pursuant to the Consumer
Protection (Distance Selling) Regulations 2000.
8.
no software on which seals have been broken can be returned for
credit. If any software discs are faulty the manufacturer will replace them.
This does not affect you statutory rights. Please note Software Licenses are
non-returnable unless the software is materially non-compliant with its specification
or the physical media on which it is supplied is defective.
7.
Our Liability
1.
We cannot take responsibility for your data stored on any Goods
and you will need to protect yourself against loss of any data. If you return
any Goods or submit them for repair all data may be wiped clean and no copies
will be retained. It is your responsibility to keep adequate back-ups of all
data.
2.
Unless stated otherwise our liability in contract, tort, breach
or statutory duty or otherwise, including any liability for negligence,
howsoever caused arising out of or in connection with the Order shall be
limited to the Price, in respect of any default by us. We shall not be liable
for any type of special, indirect or consequential loss.
3.
Nothing in this agreement shall limit our liability for death or
personal injury caused by its negligence.
8.
Force Majeure
1.
We reserve the right to defer the date of delivery, to cancel
the Order (in whole or in part) or to reallocate any available supply of Goods
at our discretion between our customers as we think fit if we are prevented
from or delayed in the carrying on of our business due to circumstances beyond
our reasonable control, including but without limitation to, acts of God,
governmental action, war or national emergency, acts of terrorism, protest,
riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or
other labour disputes, weather conditions preventing or delaying, shipping or
transportation or restraints or delays affecting carriers or inability or delay
in obtaining supplies of the Goods. We shall have no liability to you for any
such delay or cancellation of the Order and, where appropriate, notwithstanding
clause 2 above the time of performance of the Contract shall be extended by a
reasonable period.
9.
The Consumer Protection (Distance
Selling) Regulations 2000
1.
As well as your right, as set out above, to return faulty
products, you can return Goods (other than software and Non Standard Goods) to
us for a full refund if you change your mind and no longer want the Goods in
question when your purchase of Goods from us is not made in the course of a
business and is made over the telephone, through our website or by mail order.
2.
If these circumstances apply, you may cancel the Contract by
sending a written notice of cancellation by post or hand delivery to Getech
Limited Customer Services Team at Solutions Centre, 53-57 Knightsdale Road, Ipswich, Suffolk, IP1
4JQ.
YOUR NOTICE OF CANCELLATION OF THE CONTRACT MUST BE DELIVERED,
IN ACCORDANCE WITH THIS CLAUSE, WITHIN 7 WORKING DAYS OF THE DAY AFTER DATE OF
DELIVERY OF THE GOODS.
3.
You will be responsible for returning the Goods to us, at your
cost, if you exercise this right of cancellation. Alternatively you may make
the goods available for collection by us from the address to which they were
delivered after the cost of collection has been paid by you.
4.
The Goods will only be accepted for return if they are complete,
in their original packaging and in a resalable condition.
10.
Errors and Omissions
1.
We make every effort to ensure that all prices and information
quoted in our catalogue and on our website are correct and accurate. However,
it is inevitable that mistakes will occasionally occur. In the case of a
pricing error, until title of the Goods has passed to you, We will be entitled
to cancel the Order, notwithstanding that payment has been received from you.
In the event of such a cancellation you will either be refunded any money you
have paid to us or, alternatively, you can choose to purchase the Goods in
question by paying the difference between the previously quoted incorrect price
and the correct price, as confirmed in writing by us via email or post.
11.
General
1.
Nothing in these terms and conditions affects your statutory
rights.
2.
If any provision of the Contract is found by any court, tribunal
or administrative body of competent jurisdiction to be wholly or partly
illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to
the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness, be deemed severable and the remaining
provisions under these Terms and Conditions and the remainder of such provision
shall continue in full force and effect.
3.
Failure or delay by us in enforcing or partially enforcing any
provision of the Contract will not be construed as a waiver by us of any rights
under the Contract.
4.
Any variation of these Terms and Conditions must be in writing
and signed by a Director of Getech.
5.
The headings are for convenience only and shall not affect the
interpretation of these Terms and Conditions.
6.
The formation, existence, construction, performance, validity
and all aspects of the Contract shall be governed by English law and the
parties submit to the non-exclusive jurisdiction of the English courts.
7.
The parties to this Contract do not intend that any section of
these Terms and Conditions will be enforceable by virtue of the Contracts
(Right of Third Parties) Act 1999 by any person that is not a party to it.