1 DEFINITIONS
In this document the following words shall have the
following meanings:
1.1 "Buyer" means the person who buys Goods
from the Seller;
1.2 "Consumer" shall have the meaning
ascribed in section 12 of the Unfair Contract Terms
Act 1977;
1.3 "Goods" means the articles that the Buyer
agrees to buy from the Seller;
1.4 "List Price" means the list of prices of
the Goods maintained by the Seller as amended from
time to time;
1.4 "Seller" means PC Perfect of 3a
Church Street, Royston, Barnsley, S71 4QU;
1.5 "Terms and Conditions" means the terms
and conditions of sale set out in this document and
any special terms and conditions agreed in writing
by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to
all contracts for the sale of Goods by the Seller to
the Buyer and shall prevail over any other
documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to
be an offer by the Buyer to purchase Goods pursuant
to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not
to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall
be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and
Conditions shall be inapplicable unless agreed in
writing by the Seller.
2.5 Nothing in these Terms and Conditions
shall affect the Buyer's statutory rights as a
Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that
stipulated in the Seller's current List Price/on the
Seller's website/as contained in the Seller's
Quotation (as applicable) at the date of order or as
agreed between the parties. The price is inclusive
of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price
(including VAT and any delivery charges) must be
made in full with a valid UK Credit/ Debit card or
cheque before dispatch of the Goods. Goods will only
be dispatched once cheque payment has fully cleared.
We do not accept payments by Bank Transfer.
4 DELIVERY
4.1 Delivery of the Goods shall be made by
the Seller notifying the Buyer that the Goods are
available for collection at the Seller's premises or
for delivery to such place and on such terms as
agreed between the Seller and the Buyer at the time
the order is placed.
4.2 All Goods, wherever possible, will be
delivered within 7 days of the order being placed
and the Buyer shall make all arrangements necessary
to take delivery of the Goods whenever they are
tendered for delivery.
4.3 The Seller shall use its reasonable
endeavours to meet any date stated for delivery. In
any event time of delivery shall not be of the
essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the
Buyer or any third party arising directly or
indirectly out of any failure to meet any estimated
delivery date.
4.4 Some Goods may not be in stock at the
time the order is placed. In the event that the
Seller is unable to deliver the Goods within the
time specified in Clause 4.2, the Seller will
contact the Buyer to advise of the situation and the
Buyer shall be entitled to cancel the order and
receive a full refund or agree a later delivery
date.
4.5 Title and risk in the Goods shall pass to
the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants that the Goods will at the time
of delivery correspond to the description given by
the Seller.
6 CANCELLATION AND RETURNS
6.1: See returns section for full Returns
Terms & Conditions.
7 GUARANTEES
In addition to the Buyer's statutory rights, the
Seller guarantees all Goods against faulty
workmanship and materials for a period of 12 months
from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions
shall exclude or limit the liability of the Seller
for death or personal injury, however the Seller
shall not be liable for any direct loss or damage
suffered by the Buyer howsoever caused, as a result
of any negligence, breach of contract or otherwise
in excess of the price of the Goods.
8.2 The Seller shall not be liable under any
circumstances to the Buyer or any third party for
any indirect or consequential loss of profit,
consequential or other economic loss suffered by the
Buyer howsoever caused, as a result of any
negligence, breach of contract, misrepresentation or
otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or
failure to perform any of its obligations if the
delay or failure results from events or
circumstances outside its reasonable control,
including but not limited to acts of God, strikes,
lock outs, accidents, war, fire, breakdown of plant
or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the
party shall be entitled to a reasonable extension of
its obligations.
10 SEVERANCE
If any term or provision of these Terms and
Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent
jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in
full force and effect as if these Terms and
Conditions had been agreed with the invalid, illegal
or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and
construed in accordance with the law of England and
the parties hereby submit to the exclusive
jurisdiction of the English courts.
12 PRIVACY POLICIES
12.1: PC Perfect Ltd Privacy Policy Commitment.
PC Perfect Ltd is committed to ensuring that
information relating to our customers is treated in
the strictest confidence. Any such information
provided by customers will be used solely for the
use of provision and improvement of products and
services supplied by PC Perfect Ltd. Information
will not be provided to third parties, other than
agents of PC Perfect Ltd or where required to by
law. Such agents will include couriers and
maintenance companies and others directly associated
with the provision of the company's products and
services.
12.2: Information Provided by the Customer
Personal information will be required when taking
your order or providing a quote. Information may
also be required subsequent to ordering. Such
information is necessary in order to process your
order effectively and to eliminate fraud. In order
to establish the identity of customers and prevent
fraud it is necessary from time to time for us to
seek additional information for security purposes.
Such information will be treated in the strictest
confidence.
12.3: Security of Customer Information.
PC Perfect Ltd will take all reasonable steps to
ensure the integrity and confidentiality of
information provided or obtained regarding a
customer.
12.4: Cookies.
The use of cookies enables us to keep track of your
shopping patterns thus enabling us to identify you.
Should you wish, you can disable cookies through
your Internet browser’s settings.
12.5: Information we collect about you.
The information we collect about is used to enable
us process and deliver your order. Unless you are
subscribed to our mailing list we will not send
random e-mails (Spam), the only time we will e-mail
is with regard to your current order or query you
may have. We will not supply any of your details to
any third party in the future except for the
purposes of debt recovery, unless required by law.
The type of information we will collect about you
includes: your name, address, phone number, email
address, goods ordered and credit/debit card
details.
12.6 Data protection Act Conformity
We conform to the Data Protection Act 1998.