General Terms
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by P.C.T. (Wales) Ltd, whose registered office is at 8 Oakwood Drive, Bishwell Park, Gowerton, Swansea, SA4 3DJ registered in England and Wales No. 5567656 (the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have recieved your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
2.7 Grade A Goods are "Factory Reconditioned" to the Manufacturers original specification. All goods supplied are 30 day high street store (30 days) returned products. With grade A stock there is always a chance that there may be a minor cosmetic mark, Considering the price however these are considered to be very minor and will not affect performance of the product.
3. Payment
3.1 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. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3 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.
4. Delivery
4.1 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.
4.2 Orders placed before 5.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 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:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) 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 or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 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.
4.6 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 of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.7 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.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 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:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 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.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and 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; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 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 and/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 granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 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
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the enotes section of our website, 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 Supplier's 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 the Supplier shall, after receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 12 below).
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 new 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. If new goods develop a defect during the 12 month warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either:
8.1.1 replace those goods, if the Supplier has available the same goods at the same price;
8.1.2 repair those goods; or
8.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure (see condition 12 below).
8.2 Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on the Supplier´s website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
8.2.1 replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
8.2.2 repair the Used Good(s); or
8.2.3 refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Supplier´s Returns procedure (see condition 12 below).
8.3 The warranties in conditions 8.1 and 8.2 above do 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 in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
8.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1, 8.2 and 8.5.
8.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days (please note that for our business customers, this is 14 calendar days) of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
8.6 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 in writing via the enotes section of the website, 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.
9. Limitation of Liability
9.1 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:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 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.
9.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
9.3.2 any indirect or consequential losses, liabilities or costs.
9.4 If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
10. Data Protection
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.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
12. Returns
12.1 Please see our returns policy for full details.
12.2 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
12.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
13. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Testimonials
The company reserves the right to amend, alter or change client's feedback, if the content is deemed to be offensive or for spelling and grammatical errors.
Website Services Terms & Conditions
Failure of payment will result in suspension of web hosting and related services.
Domain names registered via the company shall remain the property of the company. Failure of payment will result in suspension of web hosting and related services. There is a standard £50 administration fee per domain, should a client wish to remove the company as their domain name provider.
Terms & Conditions For Live Support
No responsibility will be taken for customers using any 3rd party software. The company will not be responsible for virus's, firewall breach and any other infections / intrusions whatsoever.
By accepting a Live Support connection, you accept the pricing and time billing procedure we adopt.
Live Support although extensive in its ability to fix problems will not fix everything, however it gives you the opportunity for us to see your PC and diagnose any further work required etc. By agreeing to these terms you agree to this statement.
In some cases you may be put in a queuing system when you send your request for Live Support, depending on demand. In these circumstances we will estimate waiting time and advise you when your time slot has become available. This will not be included in your billing time.
Up to date itemised billing is available at any time upon request which we will send to your email account for viewing.
Terms & Conditions for Business Maintenance Contract
Please read the following Terms and Conditions carefully as they constitute the terms of the Maintenance Contract.
1. Scope and status of the parties
1.1 P.C.T. Wales Ltd undertakes to provide the Customer with, and the Customer undertakes to acquire from P.C.T. Wales Ltd, maintenance services (later "Maintenance Services) on the terms and conditions of this Maintenance Contract.
1.2 The parties are independent entities. Neither party shall have any authority to bind the other party to any obligation or to represent the other party in any circumstances and both parties agree not to so bind or represent the other.
2. Description of rights and limitations
2.1 The Maintenance Contract entitles the Customer to the following Maintenance Services for the term of this Contract:
2.1.1 The Maintenance Contract gives the option to upgrade the Product with the latest publicly available and applicable update and/or patch, which have been specified by P.C.T. Wales Ltd as being such, by an Internet download from P.C.T. Wales Ltd's server without any additional charges by P.C.T. Wales Ltd.
2.1.2 Access to email technical support by a designated user for the duration of the Contract, subject to the provisions below.
2.2 P.C.T. Wales Ltd grants the Customer a non-exclusive license to use the Maintenance Services provided hereunder (and any information and other proprietary material included therein) to the extent such use is permitted in the P.C.T. Wales Ltd End User License agreement(s) that is/are applicable to the P.C.T. Wales Ltd Product(s) to which the Maintenance Contract pertains.
2.3 All title and intellectual property rights in and to the Maintenance Services and the related software are owned by P.C.T. Wales Ltd. All title and intellectual property rights in and to the content which may be accessed through the use of the Maintenance Services or the related software are the property of P.C.T. Wales Ltd.
3. Email Technical Support / On-site Support
3.1 P.C.T. Wales Ltd technical support team will reply to all support emails within 2 business days.
3.2 The Maintenance Services provided to the Customer under this section 3 shall not exceed five support incidents or five hours of support, whichever comes first, during the term of this Maintenance Contract.
3.3 Email technical support is available only to a single designated user. Email technical support designated user status may be transferred by Customer to a different user within Customer's organisation by providing a written notice to P.C.T. Wales Ltd, via email to the following address: customersupport at pctwales.co.uk
3.4 P.C.T. Wales Ltd will undertake commercially reasonable efforts to provide technical email support under this Contract. For avoidance of doubt, P.C.T. Wales Ltd shall not be liable that any Customer's inquiries or problems will be solved, that any response will be error free, or any predefined response times will be met.
3.5 Should the customer change, alter or otherwise re-configure any device or setting that affects the service that the company has provided will invalidate any maintenance contract given to the customer.
4. TERM OF CONTRACT
4.1 P.C.T. Wales Ltd, from time to time, may discontinue Products and their different versions, and/or any or all support services, and/or may discontinue or modify any or all Maintenance Services. If P.C.T. Wales Ltd terminates Customer's Maintenance Services, the Customer will cease to use the
Maintenance Services and P.C.T. Wales Ltd will refund a prorated portion of Customer's annual fee to the Customer. P.C.T. Wales Ltd expressly reserves the right to terminate Maintenance Services to any Customer who abuses the services including, for example; the unauthorised sharing of the Customer's support plan with others.
5. DISCLAIMER OF WARRANTIES
the services provided are "as is" without warranty of any kind. PCT Wales Ltd does not warrant that the services provided will meet customer's requirements, that the services will result in error free solutions, or that any problems in the usability of any licensed software can be solved. furthermore, PCT Wales Ltd does not warrant or make any representations regarding the use or the results of the services in terms of correctness, accuracy, reliability, or otherwise. no oral or written information or advice given by P.C.T. (Wales) Ltd or its authorised representatives shall create a warranty or in any way increase the scope of this warranty. to the maximum extent permitted by the mandatory provisions of applicable law, P.C.T. (Wales) Ltd further disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The entire risk arising out of the use or performance of the services remains with the customer.
6. limitation of liability and remedies to the maximum extent permitted by mandatory provisions of applicable law, in no event shall PCT Wales Ltd or its suppliers be liable for any consequential, incidental, direct, indirect, special or punitive damages or costs or damages resulting from procurement of substitute services or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) arising as a result of providing services or the use of or inability to use the services, even if PCT Wales Ltd has been advised of the possibility of such damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to customer. notwithstanding anything contained herein, in no event shall PCT Wales Ltd be liable to customer for any claim in contract, equity or otherwise arising in connection with this contract exceeding in the aggregate the amount paid by the customer for services in one year.
7. Entire contract; Change of terms and conditions
7.1 This is the full and final Contract between the Customer and the company in relation to Maintenance Services. These Terms and Conditions may only be changed if the Customer and the company, through an authorised representative, do so in a signed writing. This Contract supersedes any promises, trade practises, representations and agreements relating to the subject of this Contract between the parties. However, should any discrepancies exist between this Contract and an applicable license agreement, the license agreement shall be governing over this Contract.
7.2 The acceptance of any purchase order placed by the Customer is expressly made conditional on the Customer's adherence to the terms set forth herein, and not those contained in Customer's purchase order or any other business form.
Should any discrepancies exist between this Contract and any of its appendices, this Contract shall be governing.
8. Assignment
Unless not otherwise stated in this Contract, the Customer is not entitled to assign or transfer any or all of its rights, benefits and obligations under this Contract without the prior written consent of the company.
9. Governing law; Enforceability
9.1 This License will be interpreted and construed in accordance with the laws of England & Wales without regard to conflict of law principles.
9.2 If any provision of this Contract shall be held to be contrary to law or otherwise unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this Contract will remain in full force and effect.
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