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Please read these terms of sale carefully before placing your order & retain a copy of these terms & your order for future reference. By placing an order you agree to these terms.
Format of the contract
- 1. These terms of sale apply to all goods supplied by Explanamic, (the "Supplier").
- 2. No contract exists between you & the Supplier for the sale of any goods until the Supplier has received & accepted your order & the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
- 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 & you receive your acceptance e-mail. It is at this point that a binding legal contract is created & any contract is subject to these Terms & Conditions.
- 4. The contract is subject to your right of cancelation (see below).
- 5. The Supplier may change these terms of sale without notice to you in relation to future sales.
- 6. To order goods through theExplanamic Company website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms & conditions.
- 7. Explanamic gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system & the ability to carry out a full inspection of any software or operating system.
- 8. Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods & the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
- 9. These terms & conditions are subject only to UK law.
Images and photographs
You must only send us photographs or images which you either own or have express permission to use. You retain all intellectual property rights and copyright for any photographs or images you send to us. Do not send us photographs or images which may be deemed obscene, offensive or defamatory.
By sending us photographs or images, you consent to allowing us to store and otherwise use these photographs or images to produce your website / branding and for use within our portfolio. You also agree to indemnify us against any action, liability, claims, damages or costs arising from any breach of these conditions.
We reserve the right not to produce or activate a site, and to charge an administration fee if the photographs or images you send are in breach of these conditions.
In the event that we produce goods using photographs or images in breach of these conditions, we reserve the right to charge you up to the full price of the goods, and not to supply the finished product. We will not return any photographs.
We shall not be responsible for any loss or damage to the photographs you entrust to us for printing or processing, please only send good copies as all photographs are destroyed after production.
We reserve the right to disclose any such image or photograph to any relevant authorities if we consider them to be of a criminal nature.
Description & price of the goods
- 10. The description & price of the goods you order will be as shown on the Supplier's website at the time you place your order.
- 11. 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 & refund or re-credit you for any sum that have been paid by you or debited from your credit card for the goods.
- 12. 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 & 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 order, or if the order is cancelled automatically due to the expiry of the 14 day period, 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.
- 13. In addition to the price, you may be required to pay a delivery charge for the goods.
- 14. Payment for the goods & 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 & time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
- 15. There will be no delivery until cleared funds are received.
- 16. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
- 17. The Company reserves the right to levy charges for any of the following services: Inspection of any piece of computer equipment & installation / replacement of either software or hardware – Use of credit / debit cards or rapid cheque clearance facilities, Diagnosis & testing of any problems encountered with any piece of hardware or software, Recovery of any hardware or software problems & backup of any data when requested by the customer.
- 18. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
- 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.
- 2. Orders placed before 3.00 pm on a working day will be processed that day & will be delivered as per the requested delivery option provided no additional security checks are required & all stock items are available. (A working day is any day other than weekends & bank or other public holidays.)
- 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.
- 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:
- 1. store the goods until actual delivery & charge you for reasonable costs (including insurance) of storage; or
- 2. sell the goods at the best readily obtainable price & (after deducting all reasonable storage & 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.
- 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. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
- 6. The Company will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
vii.Should you require the goods to be redirected to another address after the goods have been dispatched you may be required to pay an additional postage charge.
- 7. 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.
- 8. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
- 9. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
- 10. Unless otherwise agreed the Company may deliver by instalments & in such case each instalment shall be treated as a separate contract & any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
- 11. Delivery charges are calculated by weight & number of packages being sent. There will also be additional delivery charges for offshore destinations such as Irel&.
- 12. Any refused deliveries will be returned to the supplier. Upon receipt of the goods with the supplier a refund will be issued minus 10% of the value of the order to cover administration costs.
- 1. The goods are at your risk from the time of delivery.
- 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:
- 1. the goods, &
- 2. all other sums which are or which become due to the Supplier from you on any account.
- 3. The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
- 2. Title for Business Customers
- 1. If you are a business customer until ownership of the goods has passed to you, you must:
- 1. store the goods (at no cost to the Supplier) separately from all your other goods & goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
- 2. not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition & 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; &
- 3. hold the proceeds of the insurance referred to in conditionon trust for the Supplier & not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- 2. If you are a business customer your right to possession of the goods shall terminate immediately if:
- 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 &/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 grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- 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
- 3. you encumber or in any way charge any of the goods.
- 3. Business customers are exempt from returning items within 7 days under the distance selling act.
- 4. Trade customers are liable for all carriage costs.
Your right of cancellation
- 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).
- 2. To exercise your right of cancellation, you must give written notice to the Supplier by h&, post , giving details of the goods ordered & (where appropriate) their delivery. Notification by phone is not sufficient.
- 3. Except in the case of faulty or misdescribed goods, 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 within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself & possibly refund you the reasonable postage costs.
- 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.
- 5. Except in the case of faulty or misdescribed goods, 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.
- 6. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, customer design work has been carried out, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. PC systems & websites are built to customer specifications & the following cancellation charges apply:
Stage Custom Build St&ard Systems
Paperwork Stage £20 £20
Component Items Picked £25 £25
Build / design has commenced £65 £40
Build / design has been completed£255 £130
- 7. Once you confirm your order as correct a st&ard cancellation fee will be at the expense of the customer.
- 8. An order cancelled in transit will incur the st&ard cancellation fee plus additional transit costs at the expense of the customer.
- 9. In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer
- 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.
- 2. This warranty does not apply to any defect in the goods arising from fair wear & 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.
- 3. If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Supplier within 48 hours.
- 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 as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
- 5. If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:
A full Refund, If this is within a reasonable time of the sale (Explanamic deems this to be 7 days). After 7 days a replacement product or credit note (to the value of the replacement) will be offered.
- 6. It is the responsibility of the buyer to return & collect goods to / from the Company's premises. (See definition for The Company).
vii.Items purchased from the Bargain Basement or sold at a special price as end of line or for other reasons that prevent them from being sold as new are sold with a 30 day warranty only. These items may be second user, refurbished or discontinued stock. They may be missing drivers, manuals, cables & accessories. Packaging, if supplied, may not be in new condition. All items are tested working.
viii.Any items which are returned under the warranty & are found to be in a working condition will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.
Limitation of Liability
- 8. Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
a.there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
b.such loss or damage is not a reasonably foreseeable result of any such breach;
c.any increase in loss or damage resulting from breach by you of any term of this contract.
- 9. 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.
- 10. 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.
- 1. It is the responsibility of the buyer to return & collect goods to / from the Company's premises. (See definition for The Company).
- 2. The goods cannot be returned unless an RMA number has been requested & obtained from the Company & the package clearly marked on the outside with this identification.
- 3. If the returned goods received by the Company are not in a sellable ‘as new' condition, then the Company reserves the right to make a charge for restocking & resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods.
- 4. Computer Systems built to the customer's individual specifications are exempt from the right to cancel under the Distance Selling Regulations.
- 5. If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
- 6. Non-faulty items returned to our premises complete in the original packaging together with manuals & software disks within 7 working days of purchase may obtain a credit note. Goods must be sellable as new in order to qualify for a credit note. All software must be unused & sealed within the original packaging. Outside of 7 working days, non faulty items will not be exchanged or a credit note offered under any circumstances. Full refunds will not be considered if the goods are damaged in any way & seals broken invalidating any warranty.
- 7.Explanamic gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system & the ability to carry out a full inspection of any software or operating system.
- 8. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
- 9. We will not accept returned software &/or licences under any circumstances.
- 2. Data Protection
- 1. The Supplier will take all reasonable precautions to keep the details of your order & payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.