Techbox.co.uk Terms and Conditons

1. DEFINITIONS

1.1 'Supplier' means Yarm Computers Ltd (Trading as Techbox.co.uk).
'Contract' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms. 

1.2 'Governing Law' means Law of England and Wales.

1.3 'Jurisdiction' means jurisdiction of the Courts of England and Wales.
'Goods' means an individual product or good including Software as described in our literature or website. 
'Normal Working Hours' means 9am to 5pm on a Working Day. 
'Order' means an order for Goods or Services made by you in accordance with these Terms. 
'Order Confirmation' means our written acceptance of your Order. 
'Services' means service and support provided by us to you. 
'Software' means computer program(s) and associated documentation. 
'Working Day' means Monday to Friday, excluding Bank or other Public holidays.

2. FORMATION OF CONTRACT

2.1 These terms of sale apply to all goods supplied by Yarm Computers Ltd(trading as Techbox.co.uk), whose registered office is at Yarm Computers Ltd, 149 High St, Yarm, TS15 9AY, (the "Supplier").

2.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.

2.3 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion.

2.4 We will send you an Order Acknowledgement on receipt of your Order. This is not an Order Confirmation or order acceptance by us.

2.5 Acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail.

2.6 The contract is subject to your right of cancellation (see below).

2.7 To order goods through the Yarm Computers Ltd. 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 and conditions.

2.8 Yarm Computers Ltd 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.

2.9 Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.

2.10 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 and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.

2.11 These terms and conditions are subject only to UK law.

3. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

4. DESCRIPTION, PRICE AND PAYMENT

4.1 The description and price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

4.2 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the 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.

4.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

4.4 In addition to the price, you may be required to pay a delivery charge for the goods.

4.5 We reserve the right to vary our prices from time to time.

4.6 We will not supply Goods or Services to you until payment has been received in full.

4.7 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order.

5. DELIVERY, TITLE AND RISK

5.1 We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date, but we shall not accept liability for failure to deliver within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date.

5.2 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.

5.3 If a delay is likely, we shall contact you to advise of the delay. You are entitled to cancel an Order when advised of a delay if the revised delivery date is not acceptable to you.

5.4 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.

5.5 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.

5.6 There will be no delivery until clear funds have been received.

5.7 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility 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, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.

5.8 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.

5.9 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: 
• store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
• sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

5.10 On exercising your right to cancel under the Distance Selling Regulations 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.

5.11 The Products will be at your risk from the time of delivery.

5.12 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. RETURNS POLICY

6.1 It is the responsibility of the buyer to return and collect goods to / from the Company's premises.

6.2 The goods cannot be returned unless an RMA number has been requested and obtained from the Company and the package clearly marked on the outside with this identification.

6.3 It is the customer's responsibility to take reasonable care of the goods whilst in their possession. If this condition is not met the Company reserves the right to make a reasonable charge for restocking and 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.

6.4 If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the Supplier shall nonetheless be responsible for the return cost of the goods.

6.5 If you need to return Goods to us for whatever reason, then please send such items to: Techbox.co.uk Returns Department, 149 High St, Yarm, TS15 9AY.

7. YOUR RIGHT OF CANCELLATION

7.1 Provided you are not a Business Customer, you have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods

7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or via email , giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.3 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, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.

7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

7.5 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.

7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, 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.

8. WARRANTY

8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

8.3 In the event that Goods are found to be defective at any time within the first 28 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the 
item's serial number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods, which are termed 'dead on arrival' meaning that the Goods are found to be defective either on delivery or very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant manufacturer's returns policy. We will not charge you for the collection. It is your responsibility to package and 
secure the Defective Goods prior to collection to prevent damage during their return to us.

8.4 We shall at our option repair or replace such Defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such Defective Goods at the pro-rata contract rate provided that you return the Defective Goods to us with all internal and external parts that were delivered with the Goods

8.5 On receipt by us of the returned Defective Goods, if following the testing process the Defective Goods are found to be in good working order without defect, we will return the Goods to you, the carriage costs of this return will be your responsibility and will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.

8.6 If, when we examine the Defective Goods, it is evident that the defect has arisen because you have failed to follow Techbox.co.uk's or the manufacturer's instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without our consent then we reserve the right to refuse or limit any repair, replacement or refund.

8.7 You should note that we adhere to individual manufacturers' guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer's accepted manufacturing tolerances. If you have any doubt, please contact our Customer Services. As an example, 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.

8.8 If Goods become faulty more than 28 days after delivery then you are advised to contact the manufacturer and use their warranty procedure. Unless otherwise stated in the manufacturer's documentation, all Goods will carry a manufacturer's warranty. If you wish to make a warranty claim, you should comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we are happy to refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. This does not affect your statutory rights.

9. OUR LIABILITY

9.1 If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
• there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
• such loss or damage is not a reasonably foreseeable result of any such breach; 
• any increase in loss or damage resulting from breach by you of any term of this contract.

9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.

9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. DATA PROTECTION

10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Images

10.2 Product images are for illustrative purposes only and may differ from the actual product.

11. FORCE MAJEURE

11.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.

11.2 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 Order in which case we will return any prepayments that you have made in full.

12. ERRORS & OMISSIONS

12.1 We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.