DEFINITION AND EXPLANATION
In expressing the terms and conditions hereafter set out “The Company Terms & Conditions”, except that the context otherwise requiring the subsequent expressions with the following meanings:
- “Company” – means SellCisco.co.uk situated at 455, Chester Road, Manchester, M16 9HA.
- “Customer” – means the individual or group to whom the company may agree to supply the IT equipment in line with the Company’s Standard Conditions.
- “Equipment” – means the IT products or parts of such products to be supplied by the Company to the customer.
- “Contract” – means the mutual understanding between the seller and the client for selling and purchasing IT equipment.
- “The Supplier” – means the manufacturer of the equipment or, the persons or persons by whom the IT equipment was supplied to the company.
- The specific contract for the IT equipment shall be binding in respect to the terms and conditions of the customer’s order for the products, confirmation of the order, and order-relative correspondences.
- Now, no other definitions and interpretations provided in the contract shall be considered valid.
- Moreover, any other situations relating to the products’ selling or display shall not be authorized, except the initials of the director of the company.
ACCEPTANCE AND PROCESSING OF ORDERS
- All orders are approved and IT Equipment supplied only upon and dependant on the Company’s Standard Conditions. Any order given by the clients shall represent an offer following the Company’s Standard Conditions.
- Herein, it should be noted that no offers shall be binding on the company unless and up until confirmed in writing from the company’s end.
- Now, the orders that are placed by the customers are based on the final acceptance by the seller.
- The documentation of the IT equipment which is sent to the customer by the vendor only mentions the all-inclusive details of the equipage. It does not substantiate as a proof of order.
- The company may offer price lists, catalogs, diagrams, and other published material on its website that offers a referential insight into the price and details of IT equipment of the company.
- Besides, it should be noted that the taxes are not included in the prices quoted, and the customer shall refund the company all the required taxed and supplementary charges, which the company may need to pay to any Government or any statutory authority levied upon the IT products or delivery of the equipage.
- Now, the company guarantees about the IT equipment’s veracity and the associated prices mentioned in their portal. However, in any disparity, the trader should instantly notify the customers, while offering to reestablish the order contract as per the precise cost or negate the order. Again, the order for the product will be void, if the customers do not revert to the company within three days of acknowledgement of the order. Herein, the sellers are liable to recompense any product amount paid by the client, only when the circumstances are in between three days.
- The cost of the IT equipment includes VAT as per latest rates, and are shown in UK £, barring the delivery price.
- The IT equipages will be delivered at the customer’s cited address, or the clients’ can also collect the product from the place designated by the company.
- The products’ delivery dates showcase the provisional time and date. However, when such dates are not provided, the company shall deliver the aforesaid IT equipment instantly.
- Now, before the delivery of the IT products, the company can also request an identification photograph of the specific equipage that is being ordered by the customers.
- Besides, the customers can also fetch the IT products directly from the company in between five days of order placement, but offering intimation beforehand to the sellers.
- Again, if the customers do not provide the precise address and location for the deliverance of the IT equipages, which results in delivery issues with the product. Herein the end-consumers are only liable for any late delivery or damage to the products.
- Moreover, additional charges are levied on the customers, if the company re-delivers the IT equipment.
- In case of delivery issues, the customers need to inform the seller within 24 hours of freight receipt, or else it is treated as accepted IT equipment by the end-consumers. Besides, for part payments for the IT product, it is treated as a different contract for the same product.
VULNERABILITY IN SHIPMENT
- The accountability for the IT equipages delivery lies with the end-consumers, except for dispatch zones based beyond the UK, Ireland, and Channel Isles.
- Amongst the different mediums of remittance given on the website of the company, the customers can choose their preferred mode of payment.
SPECIFICATION OF SUPPLIERS
- In case the third parties of the company supply the IT equipment, the company will therein transfer the benefits of warranty to the end-consumers. Herein, the company shall not be liable for any loss or damage resulting from a decrease in supply from the suppliers’ end.
- If it is not specified beforehand in the contract, the products are supplied from the suppliers at standard rates.
CUSTOMERS PRODUCT REVOCATION RIGHTS UNDER CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS OF 2000
- Herein, the end-consumers can cancel an IT equipment bought from the company on different grounds but shall do so within 7 business days after product delivery.
- Now, in case of a software issue or warranty problems, the end-consumers are free to cancel the contract by written application to the seller, whereupon they shall return the IT equipages to the company all by their mode of transport.
- The customers have the legal obligation to safeguard the IT equipment till the time the products are with them.
- Moreover, the sellers can levy an additional service charge, whenever the products are IT equipment, and not regenerated.
LIMITATION OF LIABILITY
- The acceptance of the seller’s obligations and liabilities by the customer in respect to the IT equipment is broadly defined in the Company’s Standard Conditions, except otherwise decided via agreement by the company in writing.
- Now, in case the customer needs additional insurance, the seller or the company will take the necessary steps to acquire it on behalf of the clients. However, any charges and premiums payable on such supplementary insurance shall be paid by the clients to the company.
- Now, in situations, wherein the entire or portion of the contract is termed as unlawful by law, the corresponding conditions of the contract shall be deemed null instantaneously.
- When the company restrains the functioning of any specific conditions of the contract, it can never be taken as a denial of rights under the contract.
- Again, if any disclaimer is given by the seller in breach of the circumstances of the contract, it can be considered as a waiver.
- The arrangement, existence, evolution, and validity of the contract shall be governed under the direct administration of English law and court.
- The company can entrust the complete agreement for the product or part of the same to any third parties if it is deemed necessary.
- Nevertheless, the customers are not permitted legally to assign the contract or part of it to anybody, without the prior acceptance of the seller in writing.
- The company or seller has the sole authority to defer the delivery proceedings and date, and also cancel the contract, or even minimize the volume of the products as required by the customers.
- Now, such deferments can occur due to various unpredicted natural or man-made circumstances such as earthquakes, floods, tsunamis, firebreaks, epidemics and pandemics, and also political turmoil, national emergencies of war, insurgencies, and labour unrests, and so forth. Therefore, in these situations, the company can never be held liable. Nevertheless, the customers can also provide written directives to the seller for halting the aforesaid contract, if such unpredicted circumstances go over three months.
TRANSSHIP OF PRODUCT
- In case the IT equipage is sold by the company for transshipping or export rationales from the UK, the customers are liable to meet the judicial responsibilities and also the payment of import duties and levies.
- Besides, in situations, when certain IT products cannot be transshipped to any particular country under the export license protocols of the seller, the customers should not supply any used or surplus IT equipment to that country.
- Likewise, when the merchandise orders are meant for locations outside the UK, Northern Ireland, Isle of Man, and the Channel Islands, the entire responsibility of the products moves onto the customers, wherein they are liable to pay any duties and taxes in UK currency value only.
- Deliverance of the IT equipages shall be shipped to the specific business address of the customers.
EQUIPMENT PURCHASED ON CREDIT
- Now, in scenarios, when the IT equipment is purchased by the customers on credit, the seller shall offer an invoice for remittance with the delivery of the merchandise.
- Depending on the credit circumstances provided in the contract, the number of days within which the remittances have to be fulfilled by the customers has to be decided.
- The dues for the IT equipages, which are stipulated in the contract, are accountable to be paid by the customer without any rebates and offers. For any discounts, the customers need to have a valid legal decree.
- Until the payments are completely received by the seller from the customer, such remittances do not have any validity.
- Until the complete judicial holding of the IT equipment has been transferred to the customers; they shall serve as an authorized caretaker of the products for the seller. Besides, the customers can also offer the keeping of the equipage to a third party, whereby they should act as a trustee for the seller. Again, the customers shall sustain the IT equipment in stable conditions without disfigurement as an insured product in support of the seller.
- In circumstances, when the customers cannot remit any due amount to the seller as per the contract, they are liable to remit 8% yearly interest as specified by the Bank of England, which falls under the Late Payment of Commercial Debts 1998 Act.
- Herein, it should be mentioned that the entire legal ownership of the IT equipment can only be transmitted to the customers, only when the seller gets the total amount due for the product, and additional interests applicable.
- In case the dominion for the IT equipages are not according to the laid stipulations of the terms and conditions, the ownership rights for the customer be dissolved instantly. Again, in situations, where the customers have been declared bankrupt by the bank under the Insolvency Act 1986, the aforesaid ownership will be dissolved.
- The customer can confer the seller of the company, and other related staff irrevocable permission to arrive at the premises, where the contract-related IT equipment is stationed for the investigation and retrieval of the proprietorship rights from the customers, in case of insolvency.
- In situations, where the seller is not the manufacturer of the IT equipment and is only a re-trader, he cannot provide any instant pledges for the products.
- The equipages can only be offered at the manufacturer’s guarantee, and these stipulations can be shipped with the IT equipment under the contract.
- Moreover, for certain damaged or non-functional products that are found after the delivery, the customer can straightway revert to the manufacturer with the defective product, instead of the seller.
OWNERSHIP FOR NO REVOCATION
- In this scenario, when the end-consumers buy the IT equipment for professional trade purposes, provision 8 of the above terms and conditions shall be irrelevant, wherein the Consumer Protection (Distance Selling) Regulations 2000 remains inapplicable.
- Under the agreement between the end-consumers and seller of the company, the IT equipment should be returned to the vendor by the consumer bearing the cost within 7 days of dispatch.
- However, in case the equipages are shipped outside the UK, or Ireland, or Channel Isles, such returns are not sanctioned.