Legal / Terms and Conditions of Sale

Applies to: All Products and Services

Last update: 5 March, 2020

Definitions


1.1 In this Agreement, unless the context otherwise requires, the following expressions are used;

1.2 ‘Supplier’ or ‘seller’ means Active Computers UK Limited whose office is at: The Granary, Trench Farm, Tilley Green, Wem, Shropshire, SY4 5PJ. VAT Registered No: GB 182 8454 81

1.3 ‘Goods’ means the goods or services supplied by the ‘seller’ to the ‘buyer’

1.4 ‘Customer’ or ‘buyer’ means the person or company who purchases or agrees to purchase goods or services from the ‘seller’.

General


2.1 These terms and conditions of sale apply to all goods supplied by the Supplier.

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

2.3 An acknowledgement of the order will be sent to the buyer via e-mail when the order is placed, but acceptance of the offer to buy the Goods will not take place until after the buyer’s payment is taken and the customer receives confirmation of payment. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.

2.4 The Supplier may change these terms and conditions of sale without notice in relation to future sales.

2.5 The contract is subject to the buyer’s right of cancellation.

2.6 The Supplier reserves the right the decline any order for any reason.

2.7 These Terms and Conditions of Sale are valid from 01-January-2017 and are subject to change.

Description of the goods


3.1 The description and price of the goods ordered will be as shown on the Supplier’s website at the time an order is placed.

3.2 The goods are subject to availability. If on receipt of the buyer’s order, the goods are not available in stock, the Supplier will inform the customer as soon as possible.

3.3 Products, Software, Licenses, Subscriptions and Services may be subject to additional Terms and Conditions or usage limitations.

Price of the Goods


4.1 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time of placing an order. If an error is found, the Supplier will inform the buyer as soon as possible and offer the option of reconfirming the order at the correct price, or cancelling it. If the Supplier does not receive an order confirmation within 7 days of informing the buyer of the error, the order will be cancelled and notification given by email. If the customer cancels an order prior to despatch, the Supplier will issue a refund or credit for any sum that has been paid by the customer or debited from their credit/debit card for the goods.

4.2 In addition to the price, the buyer may be required to pay;

  • 4.2.1 Delivery charges

  • 4.2.2 Value Added Tax and any other taxes

Payment


5.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time of placing an order.

5.2 The supplier does not accept payment via cheque unless otherwise agreed in writing. Payments can be made by bank transfer, debit or credit card.

5.3 Credit account invoices (unless otherwise agreed by the Supplier) shall be payable by the Customer within the timeframe stated on the customer’s credit agreement. In the event of late payment, the Supplier reserves the right to charge interest on overdue amounts at an interest rate of 8% above the current Bank of England base Rate.

Delivery


6.1 Orders placed before the published cut-off time on a working day (Monday to Friday excluding public holidays) will be processed that day and will be delivered as per the requested delivery option, provided no additional security checks are required and all items are in stock.

6.2 The goods ordered will be delivered to the delivery/shipping address given when the order is placed.

6.3 If delivery cannot be made to the buyer’s delivery/shipping address for reasons outside of the Supplier’s control, the seller will inform the customer as soon as possible and refund or re-credit for any sum that has been paid by or debited from the customer’s payment card for delivery.

6.4 If the buyer deliberately fails to take delivery of the goods when delivery is attempted, then the Supplier may:

  • 6.4.1 Store the goods until actual delivery and charge the customer for reasonable costs of storage; or

  • 6.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) credit the buyer for any excess over the agreed price for the goods or charge the buyer for any shortfall below the agreed price paid for the goods.

6.5 If the buyer fails to take delivery because the contract has been cancelled under the Distance Selling Regulations 2000, the Supplier shall refund or re-credit within 30 days any sum that has been paid or debited from the customer’s payment card for the goods, less any expenses incurred for failed delivery.

6.6 Every effort will be made to deliver the goods as soon as possible after the order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by the buyer through reasonable or unavoidable delays in delivery.

6.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.

6.8 Upon receipt of an order the customer will be asked to sign for the goods received in good condition. If for any reason the buyer is unable to check the contents of the package at time of delivery, the parcel should be signed for as “UNCHECKED”. Failure to do so may affect any warranty claims made by the customer thereafter.

Risk/Title


7.1 The goods are at the buyer’s risk from the time of delivery.

7.2 Ownership of the goods shall not pass from the Supplier to the buyer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

  • 7.2.1 The goods, and

  • 7.2.2 All other sums which are or which become due to the Supplier from the customer on any account.

7.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

Title for Business Customers


8.1 Until ownership has passed to a business customer, the customer must:

  • 8.1.1 Store the goods (at no cost to the Supplier) separately from all other goods and goods of any third party, in such a way that they remain readily identifiable as the Supplier’s property;

  • 8.1.2 not destroy, damage, 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; and

  • 8.1.3 Hold the proceeds of the insurance referred to in condition

  • 8.1.4 On trust for the Supplier and pay the proceeds of the insurance to the Supplier within 5 working days of receipt of the proceeds.

8.2 A business customer’s right to possession of the goods shall terminate immediately if:

  • 8.2.1 the buyer has a bankruptcy order made against them or makes an arrangement or composition with creditors, or otherwise takes 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 the winding up or for the granting of an administration order in respect of the buyer, or any proceedings are commenced relating to the customer’s insolvency or possible insolvency; or

  • 8.2.2 the buyer suffers or allows any execution, whether legal or equitable, to be levied on the buyer’s property or obtained against the buyer or the buyer is unable to pay their debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

  • 8.2.3 The buyer encumbers or in any way charges any of the goods.

Buyer’s right of cancellation


9.1 The buyer has the right to cancel the contract at any time up to the end of 7 working days after receiving the goods.

9.2 To exercise a right of cancellation, the buyer must give written notice to the Supplier by letter or via email, giving details of the goods ordered and any order reference. Notification by phone is not sufficient.

9.3 If the buyer exercises their right of cancellation after the goods have been delivered, the customer will be responsible for returning the goods to the Supplier at their own cost. The goods must be returned to the address above or the address given on your Returns RMA form. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

9.4 Once the buyer has notified the Supplier of cancellation of the contract, the Supplier will refund or re-credit the customer within 20 days from receipt of the returned goods for any sum that has been paid or debited from the buyer’s payment card for the goods.

9.5 If the customer does not return the goods as required, the Supplier may charge the buyer a sum not exceeding the direct costs of recovering the goods.

9.6 The Supplier may not be able to offer a full product refund for items returned that are not in a suitable condition.

Returns


10.1 Faulty goods can be returned within 30 days of purchase for full refund or exchange. Goods being returned must be returned with the original packaging and accessories.

10.2 Items that are returned or exchanged for alternative items are subject to a 25% restocking fee. We may, at our discretion waiver the restocking fee provided that the item is returned in non-damaged packaging and in unused condition.

10.3 Goods being returned for refund should be done within 30 days of the original purchase date, unused and in its original unopened packaging. Items must be returned with a receipt.

10.4 No returns or refunds on consumable items, printer cartridges, software, services, or items returned incomplete or without all original packaging.

Warranty


11.1 All goods supplied by the Supplier are warranted free from defects for 6 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

11.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, and negligence by the buyer 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.

11.3 If the goods supplied to the customer are damaged on delivery, the buyer should notify the Supplier in writing via the email address or fax number shown below within 48 hours.

11.4 If the goods supplied to the customer develop a defect while under warranty or there is any other complaint about the goods, the buyer should notify the Supplier in writing via customerservices@activecomp.co.uk as soon as possible, but in any event within 7 days of the date the customer discovered or ought to have discovered the damage, defect or complaint.

Limitation of Liability


12.1 Subject to 12.1.4 below, if the buyer is a consumer, the Supplier shall not be liable to the customer for any loss or damage in circumstances where:

  • 12.1.1 There is no breach of a legal duty owed to the customer by the Supplier or by its employees or agents;

  • 12.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;

  • 12.1.3 Any increase in loss or damage resulting from breach by the customer of any term of this contract.

  • 12.1.4 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.

12.2 If the buyer is a business customer, the Supplier shall not be liable to the customer 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.

12.3 Nothing in these Terms and Conditions shall exclude the Supplier’s liability for personal injury or death caused by its negligence.

Data Protection


13.1 The Supplier will take all reasonable precautions to keep the details of the buyer’s order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by the customer.