Terms & Conditions, supplies HP Parts, IBM, Dell, Compaq, Lenovo, Toshiba, Cisco, 3COM parts.
General Terms & Conditions
1. Definitions
1.1 "Business Customer" means a customer who is not a Consumer.
1.2 "Consumer" means an individual or private customer who is not acting for the purposes of his or her business or
profession.
1.3 "Spares4IT" means Spares4IT as a division of Vision Computer B.V. and Vision Computer UK Ltd, also referred to as "we" or
"us" in these terms and conditions.
1.4 "Catalogue" means the Spares4IT webshop and all parts listed on that webshop.
1.5 "Force Majeure" means any cause affecting the performance by Spares4IT of its obligations arising
from acts, events, omissions, happenings or non-happenings beyond its reasonable control including
(but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting
a third party.
1.6 "Normal Working Hours" means 9 am to 5 pm on a Working Day.
1.7 "Working days" means Monday to Friday, excluding Bank or other Public holidays.
1.8 Please note special terms apply to Consumers, which prevail over the other provisions of these
terms and conditions. Customers who are Consumers are referred to Clause 13.
2. Orders
2.1 All contracts of sale made by Spares4IT shall be deemed to incorporate these terms and conditions,
which shall prevail over any other terms from the party ("the Customer") with whom Spares4IT is dealing.
Cancellation of orders by business to business customers is not accepted as many orders are
dispatched on the same day the order is placed. Cancellation of orders by Consumers (private customers) will be accepted
in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these
terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to
reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered: Spares4IT is entitled to refuse any order placed by you.
2.3 The customer must ensure their order is placed through the correct online checkout facility:-
a) Private consumer customers should ensure they use the 'Private user checkout' facility otherwise known as Google checkout.
b) Business customers muct ensure they use the Spares4IT 'Business user checkout'.
2.4 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered on our web
site are correct, and
b) the credit or debit card you use to make a purchase from us is your own card or your company's
card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover
the cost of any goods or services you order from us. We reserve the right to obtain validation of your
credit or debit card details before providing you with any goods or services.
3. Prices
3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2 Spares4IT reserves the right to modify prices from time to time, without notice.
4. Delivery, Title and Risk
4.1 Spares4IT shall use reasonable endeavours to despatch goods within the standard 3-5 day delivery scale,
but does not accept liability for failure to deliver within the stated time where this is caused by
circumstances beyond our reasonable control, such as delays caused by delivery companies or
manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A
customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the
revised delivery date is not acceptable.
4.2 In the case of a Business Customer, if Spares4IT is unable to deliver the goods within 30 days of the
agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require
any monies paid to Spares4IT in respect of that order to be refunded. In order to cancel, the Customer
must send written notice of cancellation to Spares4IT after the above date but before delivery of the
goods or notification from Spares4IT that the goods are ready for delivery. This Clause does not apply to
Consumers.
4.3 In the case of Business Customers, Spares4IT does not accept liability for shortages or damage to
deliveries unless the Customer notifies Spares4IT of the shortage or damage in writing within 48 hours of
receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of
becoming aware, or in any case within 7 days of receipt of delivery.
4.4 Business Customers are required to be able to accept the goods when they are ready for delivery
within Normal Working Hours.
4.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated
address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the
Customer.
4.6 Title in the goods does not pass to the Customer until payment is received in full by Spares4IT.
4.7 If the Customer cannot accept delivery, Spares4IT may at its option:
a) store and insure the goods at the Customer's expense and risk or
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage
insurance and selling costs) pay to the Customer any excess over the sale price or charge the
Customer for any shortfall or
c) re-arrange delivery provided that Spares4IT may charge the Customer for the additional delivery costs
incurred.
4.8 The Customer may request a Proof of Delivery, provided that this request is made in writing
within 3 months of the date of delivery and Spares4IT shall use reasonable endeavours to provide such
proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge
safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered
corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there
is evident damage to the packaging, this should be noted on the Proof of Delivery. Spares4IT shall not be
liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs
the Proof of Delivery without amendment.
5. Payment
5.1 Payment may be made by credit card (Visa and MasterCard) or by wire transfer at the time of order.
6. Product specifications
6.1 Parts may be new or refurbished parts that are equivalent to new parts in function and performance. Spares4IT sells all Product as refurbished.
6.2 All products are supplied by Spares4IT with a 90-day product replacement limited warranty, unless otherwise specified.
6.3 Spares4IT will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a product description or catalog are possible. Spares4IT makes every effort to supply the goods as advertised but reserves the right to supply the
goods subject to minor variations in actual dimensions and specifications where these are changed by
the manufacturer.
6.4 If Spares4IT cannot supply the goods ordered by the Customer, Spares4IT reserves the right to offer
goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to
accept the alternative goods offered, he or she may cancel the order and require the refund of any
money paid to Spares4IT in respect of that order, including carriage charges. This shall be the sole
remedy of the Customer in these circumstances.
6.5 Spares4IT has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are
deemed acceptable before an item is accepted for replacement on grounds of fault.
E.g. Due to the current manufacturing methods of active matrix display panels, a small percentage of
sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable.
Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have
some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect
displays would almost double the price of a portable computer using an LCD screen. Please be aware
of this before purchasing a TFT screen.
7. Vision's liability
7.1 In its dealings with Business Customers, Spares4IT shall under no circumstances be liable for any
consequential or indirect damage or loss, however caused, including (but not restricted to) loss of
business or profits, loss of goodwill, damage to trading relationships loss of data and other financial
loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we
may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their
description). Spares4IT's liability in respect of all other losses shall be limited to the invoiced amount of
the relevant order.
7.2 Nothing in this agreement shall limit Spares4IT's liability for death or personal injury caused by its
negligence.
8. Health & Safety
8.1 Spares4IT confirms that the goods it supplies as a distributor do not present a hazard to health and
safety
a) when properly used for the purpose for which they are designed; and
b) if the Customer takes reasonable and normal precautions in their use.
9. Force Majeure
9.1 Spares4IT shall not be liable to the Business Customer/Consumer or be deemed to be in breach of
the contract by reason of any delay in performing or any failure to perform any of Spares4IT's obligations
in respect of the Goods, if the delay or failure was due to any cause beyond Spares4IT's reasonable
control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes
beyond Spares4IT's reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of
Spares4IT or of a third party);
f) difficulty in obtaining materials, labour or machinery; and
g) power failure or breakdown in machinery.
9.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances
outside our control, we shall either agree a new timescale with you for the delivery of the Goods or
either of us may decide to terminate the contract in which case we will return any prepayments that
you have made in full.
10. Errors & Omissions
10.1 Spares4IT makes every effort to ensure that all prices and descriptions quoted in its catalogue and
on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it
inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Spares4IT will
be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order
and/or received payment from the Customer. Spares4IT's liability in that event will be limited to the return
of any money the Customer has paid in respect of the order. In the case of a manifest error in
relation to price, the Customer will be entitled to purchase the goods by paying the difference
between the quoted price and the correct price, as confirmed in writing by Spares4IT after the manifest
error has been discovered.
10.2 A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an
incorrect price, a price quoted in error by Spares4IT which is more than 10% less than the price that
would have been quoted had the mistake not been made.
11. Data Protection
Please note: Spares4IT has a full and detailed privacy statement
11.1 Website Security
Our website employs the SSL (Secure Socket Layer) encryption standard in all secure
areas, including login pages, customer information and payment details. Provided the Business
Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's
Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct encrypted
transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card
information.
11.2 Registration and data sharing
Spares4IT’s site registration and order form requires users to give Spares4IT contact information (such as
name, email, and postal address), unique identifiers (such as username and password) and demographic
information (such as postcode. This data is stored for use in all Spares4IT’s marketing communications and analysis.
Please note, Spares4IT may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
12. General terms of business
12.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
12.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed
severed from the Agreement and this shall not affect the validity or enforceability of the remaining
provisions.
12.3 Any variation of this Agreement must be in writing and signed by a duly authorised Spares4IT official.
12.4 The headings are for convenience only and shall not affect the interpretation of this Agreement.
12.5 No Waiver
Spares4IT's failure to insist upon strict performance of any provision of these Conditions shall not be
deemed a waiver of its rights or remedies in respect of any present or future default of the Business
Customer/Consumer in performance or compliance with any of these Conditions.
12.6 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provision of these Conditions and the remainder of the
provision in question shall not be affected.
12.7 Dispute
In the event of a dispute between the Business Customer/Consumer and Spares4IT, should Spares4IT in
writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance
with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court
action.
12.8 Images
Product images are provided for illustrative purposes only and the actual product you receive may
differ from the image displayed in the catalogue or on our website.
13. Returns
Spares4IT is committed to providing our customers with the highest quality products and service.
However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
The Company does not supply Goods on a “trial basis” and Customers are responsible for verifying suitability and compatibility of Goods BEFORE purchasing.
13.1 When can Products be returned
• Where Goods are found to be faulty or damaged prior to delivery.
• Where the wrong Goods have been delivered by Spares4IT.
• Where a Consumer Customer (Private customer) is exercising their rights under the Distance Selling Regulations.
13.2 RMA authorisation
To return Goods to Spares4IT you must obtain an RMA (Return Materials Authorisation) number. It should be noted that you are obliged, by law, to take reasonable care of Goods which you intend to return return whilst they are in your possession. If you return any Goods you will also need to return with the Goods the original packaging, together with all manuals, warranty cards and all accessories and documentation provided by the manufacturer. No returns can be accepted if the relevant packaging, accessories etc. are damaged or missing, or if an RMA number has not been obtained prior to sending back any product(s).
You may obtain an RMA number completing the 'RMA form' which can be found in the left column of the Spares4IT homepage.
You will need to include the following information before you can submit the form:-
• The Part Number, quantity and Serial Number(s) of the Goods you wish to return.
• The Spares4IT shipment number that your return relates to.
• The reason why you are requesting a return including an explanation.
• The Part Number and quantity of any replacement parts required.
Your case should be responded to within a maximum timescale of 2 working days, however, in most circumstances you will receive an acknowledgement by the end of the working day that the return request was received. Your return request may be rejected or you may be asked for additional information in respect of the return request or you will be issued with an RMA number, which is valid for a maximum period of 5 days, enabling us to collect or you to return the product(s) and you will also be provided with the address to which you should send the return.
Save where a Consumer Customer is exercising their rights under the Distance Selling Regulations an RMA will only be issued if it is requested within 7 working days of delivery of the Goods in question.
13.3 Spares4IT offers a "no charge" collection, repair and delivery service for hardware which is shown to be faulty provided that the fault is reported within 7 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
13.4 Returning your Product
Returned Goods must be packaged appropriately to ensure safe transit and clearly marked with the RMA number that you have been provided with on the outside of the posted package (i.e. not on the manufacturer’s packaging or on any of the original packaging surrounding the product).
You must include a note of your full name and/or business name and address to enable us to identify the Goods and include on that note, the following information:
• The Part Number and Serial Number of the Goods you wish to return.
• The RMA number you have been provided in relation to the Goods.
13.5 Business Customer Returns:
No contract shall be cancelled once accepted by Spares4IT nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of Spares4IT and on terms to be determined at the absolute discretion of Spares4IT. Any Business customer wishing to return any Goods must first contact Spares4IT directly.
In the event that Spares4IT, at its discretion (unless the Consumer Protection (Distance Selling)
Regulations 2000 apply, see Clause 13.2), agrees to accept the return for credit of unwanted products,
the goods must be returned with Spares4IT's prior written agreement within 5 days of RMA authorisation. The
goods must be unopened, with the manufacturers seals intact and in perfect re-saleable condition All
goods returned in these circumstances (except where the Consumer Protection (Distance Selling)
Regulations 2000 apply) will be subject to a 25% MINIMUM re-stocking fee of Spares4IT's sale price
for the goods. Please ensure that the product(s) you have purchased are to your specification prior to
breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected,
should you wish to return them.
13.6 Private (Consumer) customers Returns / distance selling regulations:
A Consumer Customer has the right to cancel a Contract at any time up to the end of 7 working days after they have received the Goods.
To exercise their right of cancellation the Consumer Customer must submit the RMA form with the relevant cancellation reason. Notification via telephone is not sufficient and cannot be accepted.
If a Consumer Customer exercises their right of cancellation:
• The Consumer Customer will be responsible for returning the Goods to the Company at their own cost (this does not affect their statutory rights in respect of faulty or mis-described goods) after having obtained an RMA. The Consumer Customer must take reasonable care to ensure the Goods are not damaged in the meantime, or in transit. In the event the Goods are not returned as required, the Company reserves the right to charge the Consumer a sum not exceeding the direct costs of recovering the Goods.
• Once the Consumer Customer has notified the Company as set out above, the Company will refund or re-credit them the item cost within 30 days for any sum that has been paid by them or debited from their credit or debit card for the Goods.
None of the foregoing shall affect your statutory rights.
1. Definitions
1.1 "Business Customer" means a customer who is not a Consumer.
1.2 "Consumer" means an individual or private customer who is not acting for the purposes of his or her business or
profession.
1.3 "Spares4IT" means Spares4IT as a division of Vision Computer B.V. and Vision Computer UK Ltd, also referred to as "we" or
"us" in these terms and conditions.
1.4 "Catalogue" means the Spares4IT webshop and all parts listed on that webshop.
1.5 "Force Majeure" means any cause affecting the performance by Spares4IT of its obligations arising
from acts, events, omissions, happenings or non-happenings beyond its reasonable control including
(but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting
a third party.
1.6 "Normal Working Hours" means 9 am to 5 pm on a Working Day.
1.7 "Working days" means Monday to Friday, excluding Bank or other Public holidays.
1.8 Please note special terms apply to Consumers, which prevail over the other provisions of these
terms and conditions. Customers who are Consumers are referred to Clause 13.
2. Orders
2.1 All contracts of sale made by Spares4IT shall be deemed to incorporate these terms and conditions,
which shall prevail over any other terms from the party ("the Customer") with whom Spares4IT is dealing.
Cancellation of orders by business to business customers is not accepted as many orders are
dispatched on the same day the order is placed. Cancellation of orders by Consumers (private customers) will be accepted
in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these
terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to
reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered: Spares4IT is entitled to refuse any order placed by you.
2.3 The customer must ensure their order is placed through the correct online checkout facility:-
a) Private consumer customers should ensure they use the 'Private user checkout' facility otherwise known as Google checkout.
b) Business customers muct ensure they use the Spares4IT 'Business user checkout'.
2.4 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered on our web
site are correct, and
b) the credit or debit card you use to make a purchase from us is your own card or your company's
card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover
the cost of any goods or services you order from us. We reserve the right to obtain validation of your
credit or debit card details before providing you with any goods or services.
3. Prices
3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2 Spares4IT reserves the right to modify prices from time to time, without notice.
4. Delivery, Title and Risk
4.1 Spares4IT shall use reasonable endeavours to despatch goods within the standard 3-5 day delivery scale,
but does not accept liability for failure to deliver within the stated time where this is caused by
circumstances beyond our reasonable control, such as delays caused by delivery companies or
manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A
customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the
revised delivery date is not acceptable.
4.2 In the case of a Business Customer, if Spares4IT is unable to deliver the goods within 30 days of the
agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require
any monies paid to Spares4IT in respect of that order to be refunded. In order to cancel, the Customer
must send written notice of cancellation to Spares4IT after the above date but before delivery of the
goods or notification from Spares4IT that the goods are ready for delivery. This Clause does not apply to
Consumers.
4.3 In the case of Business Customers, Spares4IT does not accept liability for shortages or damage to
deliveries unless the Customer notifies Spares4IT of the shortage or damage in writing within 48 hours of
receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of
becoming aware, or in any case within 7 days of receipt of delivery.
4.4 Business Customers are required to be able to accept the goods when they are ready for delivery
within Normal Working Hours.
4.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated
address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the
Customer.
4.6 Title in the goods does not pass to the Customer until payment is received in full by Spares4IT.
4.7 If the Customer cannot accept delivery, Spares4IT may at its option:
a) store and insure the goods at the Customer's expense and risk or
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage
insurance and selling costs) pay to the Customer any excess over the sale price or charge the
Customer for any shortfall or
c) re-arrange delivery provided that Spares4IT may charge the Customer for the additional delivery costs
incurred.
4.8 The Customer may request a Proof of Delivery, provided that this request is made in writing
within 3 months of the date of delivery and Spares4IT shall use reasonable endeavours to provide such
proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge
safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered
corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there
is evident damage to the packaging, this should be noted on the Proof of Delivery. Spares4IT shall not be
liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs
the Proof of Delivery without amendment.
5. Payment
5.1 Payment may be made by credit card (Visa and MasterCard) or by wire transfer at the time of order.
6. Product specifications
6.1 Parts may be new or refurbished parts that are equivalent to new parts in function and performance. Spares4IT sells all Product as refurbished.
6.2 All products are supplied by Spares4IT with a 90-day product replacement limited warranty, unless otherwise specified.
6.3 Spares4IT will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a product description or catalog are possible. Spares4IT makes every effort to supply the goods as advertised but reserves the right to supply the
goods subject to minor variations in actual dimensions and specifications where these are changed by
the manufacturer.
6.4 If Spares4IT cannot supply the goods ordered by the Customer, Spares4IT reserves the right to offer
goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to
accept the alternative goods offered, he or she may cancel the order and require the refund of any
money paid to Spares4IT in respect of that order, including carriage charges. This shall be the sole
remedy of the Customer in these circumstances.
6.5 Spares4IT has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are
deemed acceptable before an item is accepted for replacement on grounds of fault.
E.g. Due to the current manufacturing methods of active matrix display panels, a small percentage of
sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable.
Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have
some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect
displays would almost double the price of a portable computer using an LCD screen. Please be aware
of this before purchasing a TFT screen.
7. Vision's liability
7.1 In its dealings with Business Customers, Spares4IT shall under no circumstances be liable for any
consequential or indirect damage or loss, however caused, including (but not restricted to) loss of
business or profits, loss of goodwill, damage to trading relationships loss of data and other financial
loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we
may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their
description). Spares4IT's liability in respect of all other losses shall be limited to the invoiced amount of
the relevant order.
7.2 Nothing in this agreement shall limit Spares4IT's liability for death or personal injury caused by its
negligence.
8. Health & Safety
8.1 Spares4IT confirms that the goods it supplies as a distributor do not present a hazard to health and
safety
a) when properly used for the purpose for which they are designed; and
b) if the Customer takes reasonable and normal precautions in their use.
9. Force Majeure
9.1 Spares4IT shall not be liable to the Business Customer/Consumer or be deemed to be in breach of
the contract by reason of any delay in performing or any failure to perform any of Spares4IT's obligations
in respect of the Goods, if the delay or failure was due to any cause beyond Spares4IT's reasonable
control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes
beyond Spares4IT's reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of
Spares4IT or of a third party);
f) difficulty in obtaining materials, labour or machinery; and
g) power failure or breakdown in machinery.
9.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances
outside our control, we shall either agree a new timescale with you for the delivery of the Goods or
either of us may decide to terminate the contract in which case we will return any prepayments that
you have made in full.
10. Errors & Omissions
10.1 Spares4IT makes every effort to ensure that all prices and descriptions quoted in its catalogue and
on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it
inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Spares4IT will
be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order
and/or received payment from the Customer. Spares4IT's liability in that event will be limited to the return
of any money the Customer has paid in respect of the order. In the case of a manifest error in
relation to price, the Customer will be entitled to purchase the goods by paying the difference
between the quoted price and the correct price, as confirmed in writing by Spares4IT after the manifest
error has been discovered.
10.2 A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an
incorrect price, a price quoted in error by Spares4IT which is more than 10% less than the price that
would have been quoted had the mistake not been made.
11. Data Protection
Please note: Spares4IT has a full and detailed privacy statement
11.1 Website Security
Our website employs the SSL (Secure Socket Layer) encryption standard in all secure
areas, including login pages, customer information and payment details. Provided the Business
Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's
Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct encrypted
transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card
information.
11.2 Registration and data sharing
Spares4IT’s site registration and order form requires users to give Spares4IT contact information (such as
name, email, and postal address), unique identifiers (such as username and password) and demographic
information (such as postcode. This data is stored for use in all Spares4IT’s marketing communications and analysis.
Please note, Spares4IT may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
12. General terms of business
12.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
12.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed
severed from the Agreement and this shall not affect the validity or enforceability of the remaining
provisions.
12.3 Any variation of this Agreement must be in writing and signed by a duly authorised Spares4IT official.
12.4 The headings are for convenience only and shall not affect the interpretation of this Agreement.
12.5 No Waiver
Spares4IT's failure to insist upon strict performance of any provision of these Conditions shall not be
deemed a waiver of its rights or remedies in respect of any present or future default of the Business
Customer/Consumer in performance or compliance with any of these Conditions.
12.6 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provision of these Conditions and the remainder of the
provision in question shall not be affected.
12.7 Dispute
In the event of a dispute between the Business Customer/Consumer and Spares4IT, should Spares4IT in
writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance
with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court
action.
12.8 Images
Product images are provided for illustrative purposes only and the actual product you receive may
differ from the image displayed in the catalogue or on our website.
13. Returns
Spares4IT is committed to providing our customers with the highest quality products and service.
However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
The Company does not supply Goods on a “trial basis” and Customers are responsible for verifying suitability and compatibility of Goods BEFORE purchasing.
13.1 When can Products be returned
• Where Goods are found to be faulty or damaged prior to delivery.
• Where the wrong Goods have been delivered by Spares4IT.
• Where a Consumer Customer (Private customer) is exercising their rights under the Distance Selling Regulations.
13.2 RMA authorisation
To return Goods to Spares4IT you must obtain an RMA (Return Materials Authorisation) number. It should be noted that you are obliged, by law, to take reasonable care of Goods which you intend to return return whilst they are in your possession. If you return any Goods you will also need to return with the Goods the original packaging, together with all manuals, warranty cards and all accessories and documentation provided by the manufacturer. No returns can be accepted if the relevant packaging, accessories etc. are damaged or missing, or if an RMA number has not been obtained prior to sending back any product(s).
You may obtain an RMA number completing the 'RMA form' which can be found in the left column of the Spares4IT homepage.
You will need to include the following information before you can submit the form:-
• The Part Number, quantity and Serial Number(s) of the Goods you wish to return.
• The Spares4IT shipment number that your return relates to.
• The reason why you are requesting a return including an explanation.
• The Part Number and quantity of any replacement parts required.
Your case should be responded to within a maximum timescale of 2 working days, however, in most circumstances you will receive an acknowledgement by the end of the working day that the return request was received. Your return request may be rejected or you may be asked for additional information in respect of the return request or you will be issued with an RMA number, which is valid for a maximum period of 5 days, enabling us to collect or you to return the product(s) and you will also be provided with the address to which you should send the return.
Save where a Consumer Customer is exercising their rights under the Distance Selling Regulations an RMA will only be issued if it is requested within 7 working days of delivery of the Goods in question.
13.3 Spares4IT offers a "no charge" collection, repair and delivery service for hardware which is shown to be faulty provided that the fault is reported within 7 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
13.4 Returning your Product
Returned Goods must be packaged appropriately to ensure safe transit and clearly marked with the RMA number that you have been provided with on the outside of the posted package (i.e. not on the manufacturer’s packaging or on any of the original packaging surrounding the product).
You must include a note of your full name and/or business name and address to enable us to identify the Goods and include on that note, the following information:
• The Part Number and Serial Number of the Goods you wish to return.
• The RMA number you have been provided in relation to the Goods.
13.5 Business Customer Returns:
No contract shall be cancelled once accepted by Spares4IT nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of Spares4IT and on terms to be determined at the absolute discretion of Spares4IT. Any Business customer wishing to return any Goods must first contact Spares4IT directly.
In the event that Spares4IT, at its discretion (unless the Consumer Protection (Distance Selling)
Regulations 2000 apply, see Clause 13.2), agrees to accept the return for credit of unwanted products,
the goods must be returned with Spares4IT's prior written agreement within 5 days of RMA authorisation. The
goods must be unopened, with the manufacturers seals intact and in perfect re-saleable condition All
goods returned in these circumstances (except where the Consumer Protection (Distance Selling)
Regulations 2000 apply) will be subject to a 25% MINIMUM re-stocking fee of Spares4IT's sale price
for the goods. Please ensure that the product(s) you have purchased are to your specification prior to
breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected,
should you wish to return them.
13.6 Private (Consumer) customers Returns / distance selling regulations:
A Consumer Customer has the right to cancel a Contract at any time up to the end of 7 working days after they have received the Goods.
To exercise their right of cancellation the Consumer Customer must submit the RMA form with the relevant cancellation reason. Notification via telephone is not sufficient and cannot be accepted.
If a Consumer Customer exercises their right of cancellation:
• The Consumer Customer will be responsible for returning the Goods to the Company at their own cost (this does not affect their statutory rights in respect of faulty or mis-described goods) after having obtained an RMA. The Consumer Customer must take reasonable care to ensure the Goods are not damaged in the meantime, or in transit. In the event the Goods are not returned as required, the Company reserves the right to charge the Consumer a sum not exceeding the direct costs of recovering the Goods.
• Once the Consumer Customer has notified the Company as set out above, the Company will refund or re-credit them the item cost within 30 days for any sum that has been paid by them or debited from their credit or debit card for the Goods.
None of the foregoing shall affect your statutory rights.
