1.Acceptance of orders
1.1 An acceptance of orders from the customer
made by MicroRiver UK Ltd (“the Company”) shall be a
contract of sale subject to these terms and conditions
which shall prevail over any other document or
communication from the Purchaser with whom the company
is dealing (“the Customer”). The Company accepts an
order when the Customer submits identification, delivery
and payment details.
1.2 The order shall not bind the Company until
the Customer accepts these terms and conditions, which
are deemed accepted if the goods are sent for delivery.
2. Carriage, post and packing
Charges are made for all delivery options and will be
invoiced to customers at the listed rates which will be
confirmed and displayed on acceptance of the order by
the company. Below is a basic outline of our delivery
charges for goods under 20kg. For details of delivery
prices outside UK and Eire please contact us.
|
UK Mainland |
| Next Working Day delivery - UK Mainland |
£7.95 |
| 48HR Delivery (Single Consumables Only) |
£3.50* |
| Pre 10:30 |
£20.00 |
| Pre 12pm |
£15.00 |
| Same Day |
Price on Request |
| Saturday Delivery |
£20.00 |
|
Other |
| Northern Ireland |
£20.00 |
| Channel Islands |
£25.00 |
| Southern Ireland |
£25.00 |
Please call us for products over 20kg (prices may change
without notice).
Delivery charges are subject to order being placed
before 3:30pm Monday - Friday, stock availability and
credit clearance.
* Consumables is defined as printer cartridges, optical
media and paper. This charge applies to single line
orders for these products only in mainland UK only.
3. Prices
Goods are invoiced at the prices listed at the time
of ordering - the exception to this is memory and hard
drive products which are liable to constant fluctuations
in price. If you have ordered an out of stock memory
module or hard drive, you will be advised before
shipment of any change to the ordered price. The Company
reserves the right to remedy an obvious mistake in the
listed prices by charging a proper commercial value
price to rectify the error. All prices are exclusive of
VAT in Pounds and Euros.
Every effort is made to maintain the prices shown,
however the company reserves the right to modify prices
without prior notice to the Customer.
4. Delivery
4.1 Any time or date for delivery stated by the
company shall be treated as an estimate only and does
not form a binding term of this Agreement. Whilst every
effort will be made to despatch goods on time no
liability can be accepted by the Company for failure to
deliver within the advertised times. The Company shall
not be liable for any loss or damage whatsoever
(including consequential loss or loss of profit) arising
directly or indirectly from any delay in the delivery of
all or any of the goods howsoever caused.
4.2 If the Company fails to deliver the goods,
the Customer will not be charged for these goods. The
Company’s liability for all losses caused by failure to
deliver the goods (including but not limited to
consequential loss and loss of profits or business
interruption) is limited to the price of the goods
ordered. If the Company fails to deliver the goods for
28 days the Customer is released from the Agreement and
will not be charged for the goods.
4.3 The Company will accept no liability for
shortages, damage to or non-delivery of goods unless the
Customer notifies the Company in writing within three
days of receipt of invoice or goods.
4.4 The Customer shall be bound to accept the
goods when they are ready for delivery by the Company
and delivery shall be deemed to take place when the
goods are delivered to the Customer at the nominated
address for delivery or to a nominated carrier as the
case may be whereupon the risk of loss, breakage or any
other damage whatsoever shall pass to the Customer
4.5 If for any reason the Customer cannot accept
delivery of the goods at the time when the goods are due
and ready for delivery the Company may either elect to
(1) store the goods pending their actual delivery and
the Customer shall be liable to the Company for the
costs (including insurance) of so doing but the Company
shall be under no obligation to insure the goods in
storage and the risk of any loss or damage to the goods
howsoever arising shall be borne by the Customer, or (2)
sell the goods at the best price readily obtainable and
(after deducting all reasonable storage and selling
expenses) account to the Customer for the excess over
the price under the contract or charge the Customer for
any shortfall below the price under the contract.
4.6 If for any reason the Customer refuses a
delivery, a charge will be levied for returning the
delivery to the warehouse.
5. Payment terms
5.1 Unless otherwise expressly stipulated by the
Company, Credit Account invoices are due and payable in
sterling 30 days from the date of the invoice.
5.2 If an invoice becomes overdue for payment the
full outstanding account becomes overdue and payable.
The Company may charge interest at 5% above the base
rate prevailing from time to time on overdue amounts.
Payment shall be deemed to have been received only when
the full amount of the value of the goods as invoiced
has been credited to the Company's bank account without
recourse as cleared funds or the Company has received
the full amount in cash.
5.3 If you wish to clear your credit account by
way of credit or debit card there will be a 2.5%
surcharge added.
5.4 Please note when paying for orders with a
credit/debit card, that your card is charged at the
moment you place the order. Payments taken for items out
of stock will be held to enable immediate shipment of
your order as soon as the stock becomes available.
6. Product specifications, details, etc.
Whilst the Company will make every endeavour to deliver
the goods as they are advertised or within any other
Company brochure actual dimensions, images,
specifications and quantities may in certain
circumstances vary from those so advertised and
supplied. The Company reserves the right without prior
notice to vary the specification of any goods without
any liability to the Customer arising directly or
indirectly from any such variation but the Company will
use all reasonable endeavours to ensure that the goods
are as near as possible to the goods as specified.
7. Supply
In the event that the Company is unable to supply goods
as ordered by the Customer the Company reserves the
right to supply goods of equal or superior quality
comparable to or compatible with the goods ordered at
the same price. In the event that the goods ordered by
the customer become obsolete, the company reserves the
right to offer the customer a substitute that may be at
a higher price.
8. Property and title
No property or title to goods shall pass from the
Company to the Customer unless and until the full amount
of the value of the goods as invoiced has been credited
to the Company's bank account without recourse as
cleared funds or the Company has received the full
amount in cash and the Customer shall indemnify the
Company against any loss or damage to the goods prior to
the passing of property therein whilst in the Customer's
custody. Risk of damage to or loss of the goods shall
pass to the Customer at the time of delivery or, if the
Customer fails to take delivery of the goods, at the
time when the Company has tendered delivery of the
goods.
9. Cause beyond control
9.1 In the event that the Company is prevented
from delivering the goods for sale as a result of any
circumstance beyond its control such as but not limited
to Acts of God, War, Strikes, Lock-outs, Flood,
Terrorism, abnormal weather conditions, fire, Government
action, delays by suppliers, accidents and shortages of
materials, labour or manufacturing facilities and
failure of third parties to deliver goods, the Company
shall be relieved of its obligations and liabilities
under such contract for sale for as long as such
fulfilment is prevented.
9.2 If the Company is prevented from carrying out
its obligations they will notify the Customer within 14
days commencing with the estimated delivery date.
9.3 If the circumstances preventing delivery
subsist for 3 months from and including the date the
Company gives the Customer notice, then either party may
cancel the contract. Such notice must be given when the
adverse conditions subsist.
10. Trade name and mark
10.1 Indications of trade names or marks (other
than those of the Company) shown documentation of the
Company are not restricted to indications of manufacture
but may be indicative of general use of systems,
machines etc. associated with the use of such products.
10.2 Any software supplied to the Customer by the
Company comes with a licence to use the software from
the manufacturer. The Customer must comply with these
software licence terms in addition to the Company’s
terms and conditions.
11. Cancellation
Under normal circumstances goods are despatched the same
day as receipt of order. Depending on the status of your
order, we may be able to cancel it. However, the Company
reserves the right not to accept cancellation of orders.
If for any reason an order is refused at the point of
delivery, a charge will be levied for returning the
delivery to the warehouse.
12. Returns
Current items, undamaged, fully marketable with original
manufacturers' packaging (which shall not be defaced)
unopened with all wrappings and seals intact, may be
returned by prior agreement of the Company, who reserve
the right to levy a restocking fee. The customer is
liable for payment of postage and packing charges
incurred in the return of the goods. MicroRiver reserves
the right to reassign costs to its customers levied by
its suppliers relating to the return of any orders,
including any applicable penalties. Requests for returns
must be made within 10 working days from receipt of the
goods.
Faulty or damaged items should be notified within seven
days of receipt of goods, and will be dealt with in
accordance with the returns procedure laid out by the
manufacturer. All goods returned must be in the
manufacturers' original packaging complete with all
ancillary items.
Returns must be requested via the online form available
from 'Your Account' information page (when logged in).
13. Warranty
All goods sold by the Company are warranted free from
defects in materials and workmanship. If the Company
shall receive a written complaint from a Customer in
respect of goods found to be defective in respect of
materials or workmanship only within the manufacturers
warranty period (Warranty information can be obtained
from the helpdesk), the Company, after it has had a
reasonable time to investigate the same and examine the
goods in dispute shall be entitled at its option to
repair or replace the defective goods or refund the
purchase price.
No claim will be entertained in respect of any goods
which have been repaired or altered in any way or have
been the subject of any accident or damage caused by any
innocent, wilful or negligent act or omission of the
Customer its employees or agents or through use contrary
to the manufacturer's instructions by the Customer, its
employees or agents or by circumstances beyond the
control of the Company or goods which cannot be shown to
have been supplied by the Company.
14. Online Privacy
We are committed to protecting your privacy. We will
only use the information that we collect about you
lawfully (in accordance with the Data Protection Act
1998.) We collect information about you for 2 reasons:
firstly, to process your order and second, to provide
you with the best possible service.
We will not e-mail you in the future unless you have
given us your consent. Certain emails are sent to
registered customers in relation to placed orders, such
as delivery status - to be removed from these mailings
please contact us. Other promotional emailings are
subscribed to on registration, these can be unsubscribed
from the link on the front page of the MicroRiver site.
We will give you the chance to refuse any marketing
email from us or from another trader in the future.
The type of information we will collect about you
includes:
Your Name:
Address:
Phone Number:
Email Address:
Credit/Debit Card Details:
Company Registration Number:
We may also use certain financial information supplied
to us by you in order to ascertain suitability for a
trade account, but only when requested by you. We will
never collect sensitive information about you without
your explicit consent. The information we hold will be
accurate and up to date. You can check the information
that we hold about you by emailing us. If you find any
inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held
securely in accordance with our internal security policy
and the law.
If we intend to transfer your information outside the
EEA (European Economic Area) we will always obtain your
consent first.
We may use technology to track the patterns of behaviour
of visitors to our site. This can include using a
"cookie" which would be stored on your browser. You can
usually modify your browser to prevent this happening.
The information collected in this way can be used to
identify you unless you modify your browser settings.
If you have any questions/comments about privacy, please
email us. For additional guidance, you may also wish to
consult the website of the UK Data Protection
Commissioner which may be found at:
http://www.dataprotection.gov.uk
15. The company's liability
15.1 The Company shall under no circumstances
whatsoever be liable for any indirect or consequential
loss howsoever caused.
15.2 The Company's liability in respect of breach
or non-performance of any order shall be limited to the
invoiced value to which the claim relates.
15.3 Goods are not tested or sold as fit for any
particular purpose or for use under any specific
conditions.
15.4 The Company excludes liability for death and
personal injury caused by the goods except if caused by
the Company’s negligence.
16. Health And Safety At Work Act 1974 and Consumer
Protection Act 1987
In compliance with the above legislation the Company
confirms that the goods supplied by the Company as a
distributor of products do not present a hazard to
health and safety when properly used for the purpose for
which they are designed and provided also that the
Customer or its employees or agents take reasonable and
normal precautions in their use.
17. Entire agreement
These terms and conditions set out the entire terms
between the parties and supersedes all other agreements
representations and documents previously exchanged
between the parties.
18. Severance
If any of the terms are found to be void voidable or
unenforceable then these terms are severed from the
contract of sale and will not affect the enforceability
of the remaining terms and conditions.
19. Waiver
Waiver by the Company of any breach of these conditions
or any granting of time or indulgence by the Company to
the Customer shall in no way affect the rights of the
Company hereunder.
20. Jurisdiction
The terms and conditions are governed by English Law and
the parties hereby agree to submit to the jurisdiction
of the English Courts.
21. Notices
Any notice or demand to be given hereunder shall be in
writing and shall be delivered by hand or sent by first
class pre-paid letter to the last known address of the
party to be notified and shall be deemed to have been
served immediately, if delivered by hand and forty eight
hours after posting if posted as
aforesaid.
22. Consumer Distance Selling Directive
The Distance Selling directive provides a cooling off
period and an unconditional right to cancel during that
period. This period ends seven working days after the
day of receipt of the goods (working days excludes
Saturdays, Sundays and public holidays.) The customer
must request a return under this directive in writing
(fax, email or letter) within the 7 day period. As part
of the directive the customer must also make adequate
care and effort to ensure that the product can be resold
as new.
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