TERMS & CONDITIONS
ACS Technology
CONSUMER TERMS OF TRADE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS & YOUR ORDER FOR FUTURE REFERENCE
1. format of the Contract
1. These Terms of sale apply to goods supplied by ACS Technology, whose office
is at 9. Oak Street, Llangollen, Denbighshire, North Wales, LL20 8NR.(the “Supplier”)
1.2 No contract exists between you and the supplier for the sale of any goods
until the supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after
your order. However, we do have the right to terminate the contract in the event
that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 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 The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock we will not accept your order. If
after acceptance or job order the Supplier discovers within [14 days] of our
acceptance of your order that the goods are unavailable we may terminate the
contract and refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.3 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 within 14
days of accepting your order, 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.
2.4 In addition to the price, you may be required to pay a delivery charge for
the goods.
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.
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 deliveries are not made outside the United Kingdom.
4.2 Orders placed before 4.00 pm on a working day will be processed that day
and will be delivered as per the requested delivery option provided cleared
funds are received and all stock items are available. (A working day is any
day other than Sunday 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:
.4.1 store the goods until actual delivery and charge you for reasonable costs
(including insurance) of storage; or
.4.2 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.
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 as soon as possible.
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:
.2.1 the goods, and
.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.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 7 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 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 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 8.2, 8.3, 8.4 or 8.5, 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 In the case of computer hardware, it is essential that these components
are fitted by an experienced technician to prevent damage occurring.
8.3 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.
8.4 If the goods supplied to you are damaged on delivery, you should notify
the Supplier in writing via email within 7 working days.
8.5 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 email, 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.
8.6 Software; 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:
.1.1 there is no breach of a legal duty owed to you by the Supplier or by its
employees or agents;
.1.2 such loss or damage is not a reasonably foreseeable result of any such
breach;
.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.
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 & Brand Names
11.1 Product images are for illustrative purposes only and may differ from the
actual product.
11.2 Brand names, trade marks & Model Designations are intended for descriptive
purposes only, and remain the property of their respective owners and all rights
are acknowledged.
11.2 ACS Technology and its subsidiaries are in know way associated or authorised
by companies mentioned in the marketing of products, unless otherwise stated.
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, save that consumers resident in Scotland shall have the right
to insist upon these terms being construed in accordance with the laws of Scotland
and to submit to the jurisdiction of Scottish courts.
ACS Technology
9 Oak Street
Llangollen
LL20 8NR