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Consumer Terms and Conditions

Every quotation, pro-forma invoice, price list or other similar document made or issued by Kuda PC Sole Trader ("the company") is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.

1. Definitions

“The Company” means Kuda PC Sole Trader.

“The Customer” “The Consumer”, or “You”, means the account applicant or person contracting for goods and services to be supplied by the Company

“Goods” means any pre-configured PC or custom PC, or other items to be sold by the Company to the Consumer.

“Contract” means the contract between the Company and the Consumer.

 “Data Protection Laws” means The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act 2018.

 “Price” The price given on the order confirmation and also at the bottom of the invoice as agreed by the Customer.

“User Damage” User damage is any damaged parts internal or external not reported within 48 hours of the initial delivery. User damage then becomes the responsibility of the Customer.

2. Whole Contract

These terms shall represent the whole contract between the Company and the Consumer. They may be varied only by written agreement between the parties.

3. Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Delivery/Time Not of the Essence

5(a)Unless specifically agreed in writing, time for delivery is not essential.

5(b) Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only. The Company will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery.

6. Online Ordering

To place orders on our online store you must be a UK registered card holder.

When ordering online you may be required to provide a username and password. You must ensure that you keep these details secure, and do not provide this information to a third party.

Any order that you place with the Company is subject to product availability and acceptance by the Company. When you place your order online, the Company will contact you via telephone or email confirming your order. If the Goods are not available the Company will contact you by telephone or email and offer you an alternative product or the option of cancelling your order.

The online ordering option is not available at the moment for custom-built PC’s.

The Customer should contact the Company directly by phone or email for any enquiries regarding custom-built PC’s.

7. Age Restrictions

You agree to be of legal age to purchase and/or use any product that must adhere to official or recommended age ratings.

8. Acceptance of Orders

No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. The company at its absolute discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever.

If an order is placed and an instant payment is made using PayPal, direct bank payment (BACS) or any other method, the contract for the goods will not be considered accepted until the goods are in stock and ready for shipping. If for reasons beyond our control we are unable to supply the goods to you, we may cancel the agreement at any time before shipment by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the agreement. This may be due, but not limited to, an inability or failure on the part of the manufacturers or suppliers of the goods, to supply the goods to us. We shall not be liable for any other loss or damage whatever arising from such cancellation.

9. Product Specifications

The company warrants that the goods will, at the time of delivery, correspond to the description given by the company. It is the responsibility of the consumer to check the compatibility and suitability of goods for any particular purpose before ordering. Before placing an order, should the Customer require any assistance with the compatibility of parts, they may contact the customer support team:

By phone on 0141 280 2474

By email at support@kudapc.co.uk

The company hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.

10. Payment

10(a) Payment in full will not be taken from the consumers Credit/Debit card until all goods ordered are in stock ready for despatch. The Company may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Consumer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. In the case of consumer sales, payment must be made in full before despatch of any goods. If the Customer cancels the contract, the Company may sell the goods to another customer. The Company shall be under no obligation to refund the Customer’s deposit, but it will only seek to recover losses that have reasonably incurred.

10(b) CNP (Card holder not present) checks will need to be processed to prevent fraud if your shipping and billing address differ, or if the Company deems necessary. The Company reserves the right to ask for more information from the Customer to enable us to perform these checks, and will not pass this information on to 3rd parties unless the Customer is informed first (except in cases where local authorities or police need to be informed). If the Customer does not make a reasonable attempt to give the Company this information, then the order placed shall be cancelled.

11. Despatch

The consumer will be given an estimated date of despatch when placing orders. If these dates are exceeded, the company will endeavour to keep the consumer informed of the delay and an expected new delivery date. For progress updates on phone or store orders, customers are welcome to contact our Customer Services team:

By phone on 0141 280 2474

By email at orders@kudapc.co.uk

Customers ordering online should update their account(s), as online accounts are self-managed. Should you have any issues doing this, please feel free to contact Customer Services for assistance.

 

12. Delivery

12(a) Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the consumer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the consumer upon delivery of such goods to the consumer.

12(b) The Company reserves the right to choose which courier is deemed most appropriate to deliver the goods.

12(c) When you sign for the goods on delivery, you are accepting them as they are delivered. It is your responsibility to sign for them as damaged (if the goods are physically damaged) or unchecked (if you can't check them first) before the courier service leaves the premises. It is normal practice when receiving goods to sign for them as damaged if any signs of mishandling is evident. By agreeing to these terms and conditions the Customer agrees that the liability of damage is relieved from the courier and placed on the Customer as soon as the delivery sheet is signed. Any resulting repair due to damage that was not signed for as "damaged/unchecked", the Customer must pay for the damaged parts if required, as the courier insurance is void.

12(d) If you have items missing or receive incorrect items, you must inform the Company by phone or e-mail within 48hrs of receiving:

By phone on 0141 280 2474

By email at orders@kudapc.co.uk

13. Cancelling an Order

13(a). Cancellation of Order – Prior to despatch by the company

The Consumer may cancel their order at any time prior to despatch by contacting the Customer Services department:

By phone on 0141 280 2474

By email at orders@kudapc.co.uk

Please note, email contact is subject to potential delay(s) and for expediency, we recommend contacting us via phone.

13(b). Cancellation of Order– After despatch

The Consumer Contracts Regulation allows for a cancellation period of fourteen (14) calendar days, from receipt of the goods by the consumer under the legislation. Consumers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications (custom PC’s or pre-configured machines were any changes have been made to the original specification). It does not apply to goods intended for everyday consumption. Video recordings, computer software unsealed by the consumer and processors/CPU's where packaging has been opened are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the consumer.

To cancel the contract under the terms of the Consumer Contracts Regulations, the consumer must, within fourteen (14) days of receipt of the goods, contact the Customer Services department either:

By phone on 0141 280 2474

By email at orders@kudapc.co.uk

13(c) The Consumer will be required to return the goods to the company before a refund can be processed. The Consumer will be issued a Product Return Number (RMA) number for use in returning the item.  Kuda Pc Sole Trader cannot be held responsible for any goods returned without first obtaining an RMA number. The goods remain the property of the Consumer until received on premises at the Company. Any delivery refunds will be at the most cost effective pricing for that item and will not cover enhanced delivery, additional or excess charges.

Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.

Any damages to the goods "user damage" or missing items from the original invoice document will be deducted from the final refund sum.

All systems must be returned by the Customer to the Company in original boxes and must have all manuals, cables, discs, documentation and any other accessories included. If the goods are found to be incomplete, the Company will deduct the amount from the final refund sum in order to cover costs for replacement items.
 

The Customer is solely responsible to make sure that any returned goods are in a good working order, and in a resalable condition. Any goods found to be unacceptable in appearance (scratches, dents and/or general cosmetic damage), or not fit to re-sell will be deducted from the final refund sum.

 

14. Ownership and Risk

The risk in the goods shall pass from the Company to the Consumer upon delivery of such goods to the Consumer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Consumer until the Company has received in cash or cleared funds, payment in full for all goods delivered to the Consumer under this and all other contracts between the company and the Consumer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Consumer under which the goods were delivered.

15. Damages, Shortages and Incorrect Goods

To expedite your redress, we recommend the consumer report any damage, shortage or incorrect goods to the company within seven (7) days of delivery either:

By phone on 0141 280 2474

By email at support@kudapc.co.uk

Please note, email contact and post is subject to potential delay(s) and for expediency, we recommend contacting us via phone. Provided prompt notice of transit damage or loss is given and provided it is proved to the Company's satisfaction that such damage occurred in transit in the UK but not otherwise, the Company will refund, repair or replace such equipment free of charge to the consumer. If any goods appear visually or otherwise damaged at the point of delivery to the Consumer, the Consumer should either sign for the goods as damaged or unchecked, or reject the goods for return to the Company by the courier. In either instance, the Consumer should contact Customer Services as soon as possible, within the aforementioned seven (7) working day period. All products returned to us must be as complete, including accessories and original packaging as received.

16. Consumer Contracts Regulations

The terms and conditions of sale detailed below are provided for your information, in line with the Consumer Contracts Regulations. Full details can be found at: //www.legislation.gov.uk/uksi/2013/3134/contents/made*

This legislation covers items bought where there is no direct contact between the supplier and the consumer, to give the consumer the same opportunity to view the goods as they would do in-store. It does not apply for goods purchased for business use, for showrooms, fair or exhibitions. Goods may be opened for visual inspection but must not be used and must be returnable with both the product and the original packaging in-tact and undamaged. Removal of protective coverings and other physical damage may result in rejection for replacement or refund.

17. Cancellations

The Consumer Contracts Regulation allows for a cancellation period of fourteen (14) calendar days, after the day of receipt of the goods by the consumer, under the legislation. Consumers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings, computer software unsealed by the consumer and processors/CPU's where packaging has been opened are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at the Company will be borne by the Consumer. The goods remain the property of the Consumer until received on premises at the Company. Any delivery refunds will be at the most cost effective pricing for that item, and will not cover enhanced delivery additional or excess charges.

To cancel the contract under the terms of the Consumer Contracts Regulations, the Consumer must contact the Customer Services department within fourteen (14) calendar days after the receipt of the goods by the Consumer. The Consumer will be required to return the goods to the Company before a refund can be processed. The Consumer will be issued a Product Return Number (RMA) number for use in returning the item. Kuda PC Sole Trader cannot be held responsible for any goods returned without first obtaining an RMA number. Customer services can be contacted:

By phone on 0141 280 2474

By email at orders@kudapc.co.uk

18. Warranty Returns, Repairs and Replacements

18. Warranty Returns, Repairs and Replacements

​All products are subject to individual manufacturer's warranty policies. If you wish to return any faulty item(s), you must first contact the Technical Support department to obtain a Product Return Number (RMA) either:

​By phone on 0141 280 2474 or email at support@kudapc.co.uk

​However, before you return a product, please check that there definitely is a fault. We do not cover faults caused by accident, neglect (eg. not using a surge protector), misuse (eg. viruses) or normal wear and tear (eg. dust build up). In all cases we reserve the right to inspect the product and verify the fault.

​The warranty is non-transferable. Kuda PC Sole Trader is not liable for any items returned without first obtaining an RMA number. Unless otherwise stated, RMA/Return numbers are valid for a period of seven (7) calendar days only. Manufacturer warranties may exceed those offered by Kuda Pc Sole Trader. You must use any manufacturer repair service or on-site arrangement provided. Any on-site arrangements apply to mainland UK only. The goods remain the property of the Consumer until received on premises at the company.

Goods returned to the Company as “faulty” will be assessed before any work is carried out for signs of transit or user damage. All returned goods are subject to a five (5) working day inspection/assessment period, which will begin at the point the goods are received by the company. Repair/replacement times can be approximately thirty (30) calendar days should a return to manufacturer become necessary. Physical/User damage is not covered by warranty nor any "are Pack" extensions.

Approximately thirty (30) calendar days from the receipt of goods by the Consumer, the Consumer is entitled to a repair, replacement or refund of the goods which are faulty. After thirty (30) calendar days of receipt of the goods by the Consumer, the Consumer is entitled to a repair or replacement only. Any refunds offered after the thirty (30) day period may be proportionate.

​Kuda PC branded computers are hand built from off-the-shelf and custom components. As the machines are made from these individual components, should one or more component(s) of the computer fail, those particular component(s) would be replaced. If we are unable to repair the computer by replacing these individual components, and it has been six (6) or more months since the date of purchase, a proportionate refund may be offered.

​In rare instances where goods are not repairable nor replaceable, a proportionate refund may be offered.

All products returned to us must be as complete as possible, including accessories and original packaging where possible.

18(a). PC - Three (3) Year Return to Base Warranty - Years one (1), two (2) and three (3) parts and years one (1), two (2), three (3), four (4) and five (5) labour.

 

For the first six (6) months of the warranty, Kuda PC Sole Trader, will arrange and cover the cost of the return of a faulty PC to our service centre and the subsequent return to the Customer {UK mainland only).

​After the first six (6) months of the warranty it is the Customer's responsibility to cover any cost involved in the return of a faulty PC to Kuda PC Sole Trader. Kuda Pc Sole Trader will cover the cost of the subsequent return to the Customer. (UK mainland only).

​During years one (1), two (2) and three (3) of the warranty, Kuda Pc Sole Trader will cover the cost of any parts required during the repair of the PC due to component failure and during years one (1), two (2), three (3), four (4) and five (5) for labour. Warranty on components is subject to individual manufacturer’s warranty policies which may be less than three (3) years.

Your warranty will cover hardware faults due to component failure only, it will not cover software or damage caused by the Customer or any 3rd party.

Any component(s) assessed as faulty, will be replaced. If we are unable to repair the PC by replacing individual components, and it has been six (6) or more months since the date of purchase, a proportionate refund may be offered.

The warranty will only cover the original specifications of the PC. It will not cover any modifications made by the Customer, any 3rd party or any damage caused in doing so.

PC UPGRADES

Should you at any time wish to upgrade your PC, this will not invalidate your original PC warranty. All components which are purchased from Kuda PC Sole Trader for the upgrade come with our standard three (3) year warranty or any manufacturers extended warranty.

18(b). CPU/Processors/Motherboards

Due to the nature of the product, once opened, processors cannot be accepted for returns unless considered faulty. Installing an incompatible processor onto any motherboard may result in damage to it, and other system components, which is not covered by warranty. Any motherboard containing processor “pin” contacts or CPU/Processors which exhibit any deformation or “bent pins”, will not be covered by warranty. It is highly recommended that you confirm the compatibility of components before assembly. If you require assistance in making a purchase, you may contact our Sales department:

By phone on 0141 280 2474

By email at support@kudapc.co.uk

 

18(c). Batteries and Consumables

Batteries, including (but not limited to) laptop batteries and disposable batteries (as example), and items classed as consumables, including (but not limited to) printers and inclusive ink/toner cartridges and CD/DVD writing pens (as example), are covered by a 1-year warranty only. “Battery” will be defined as a device that is placed inside or connected to a device (such as a laptop or remote control) to supply it with electricity. “Consumable” will be defined as a product which is liable to deplete or be used up during use.

18(d). Visual Display Unit (VDU) Pixel Policy

Due to the nature of the product(s), “dead” or “stuck” pixels may occur on visual display devices (VDU) on initial use, or later in the lifetime of the product. Kuda PC Sole Trader's pixel policy will be in line with the individual/specific manufacturer’s pixel policy for the associated product(s). Products which do not meet the manufacturer’s pixel policy definition of “faulty” and/or do not exhibit the numbered amount of “dead/stuck” pixels as stated in aforementioned policy, will not be deemed faulty. Examples of VDU’s include (but are not limited to) monitors, laptop screens and tablets.

18(e). Burden of Proof

On the date where receipt of the goods by the Consumer occurs and up to six (6) calendar months in addition, the burden of proof for faulty goods lies with the company. Once six (6) calendar months have expired from the receipt of goods by the consumer, the burden of proof for faulty goods will transfer to the Consumer. It will be the responsibility of the consumer to prove the goods were received in a faulty state by whatever means the Consumer deems submissible as evidence.

18(f). Loss of Earnings

The company will not be held liable for any loss of earnings incurred by the Consumer during the repair or replacement period. Repair/replacement times can be approximately thirty (30) calendar days if a return to manufacturer becomes necessary. It is the Consumer’s responsibility to ensure adequate contingencies are in place before returning a product, so that loss of earnings is minimised. Kuda PC Sole Trader do not employ a loan policy.

19. Data Loss

There is the possibility of data loss during testing/repair. Before returning any item capable of storing data (including PCs & notebooks) please ensure that all data stored on it is backed up. It is solely the Customer’s responsibility to back up their data.

20. Downgrade Rights

Kuda Pc Sole Trader do not offer support for downgrade rights for any software, including Microsoft Windows and Office products. Ensuring compatibility, performing the downgrade and activating the software will be the sole responsibility of the Consumer.

21. Operating Systems Support and Compatibility

Kuda PC Sole Trader will only guarantee Operating System (OS) support and drivers for the OS listed as compliant at the time of purchase. If the Consumer intends to install the OS themselves or install any other version of OS (including future or non-Microsoft OS) it is the consumer’s responsibility to confirm compatibility before doing so. In addition, Kuda Pc Sole Trader do not provide technical support or drivers for any non-Microsoft OS.

22. Product Misuse

Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion then all costs incurred by the Company in repairing such equipment and investigating the causes of the malfunction shall be payable to the Company.

23. Force Majeure

The Company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the Companies reasonable control. This does not affect your statutory rights. If the Company choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.

24. Liability

24(a) Under no circumstances shall the Company be responsible for any indirect, incidental or consequential damages.

24(b) Except in respect of death or personal injury caused by Company negligence, or any loss caused by the fraud of the Company,  the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any: (a) loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if the Company was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract. which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude the Company’s liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law. All images on the website should be used as reference only, and do not represent the actual finalised build, colour or appearance.

25. Short Notice

“The Company” reserves the right to make an additional charge should the Customer request a Short Notice service. This service is subject to availability and cannot be guaranteed.

26. Data Protection

26(a) The Company will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Company, or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing to the Company Principal at the Company's address.

26(b) Where the "Company" is a data processor, the "Company" shall comply with all applicable requirements of the Data Protection Legislation.

27. Customer Conduct

No member of staff should be required or feel obliged to deal with any customer either face to face, over the phone or in correspondence, who is exhibiting threatening, abusive or violent behaviour. In any of these circumstances a member of staff has the right to refuse to serve that customer and should refer the customer to their immediate supervisor. Threatening behaviour is defined as, but not limited to, threats of violence to members of staff or any other person which is, for example; sexist, racist or homophobic; including intimidating language, swearing and/or aggressive body language.

28. Jurisdiction

Where any dispute cannot be resolved between the parties this Contract shall be governed by the Laws of Scotland and the parties shall submit to the jurisdiction of the Scottish Courts.

 

29. Consumer Rights and Contract Regulations

Your Consumer rights when ordering are in line with the Consumer Rights Act (2015) and the Consumer Contracts Regulations (2013). The documentation can be located at the following links:

Consumer Rights Act (2015): //www.legislation.gov.uk/ukpga/2015/15/contents/enacted*

Consumer Contracts Regulations (2013): //www.legislation.gov.uk/uksi/2013/3134/contents/made*

Your consumer rights as outlined at the above links are in addition to your rights under applicable EU legislation. EU legislation(s) can be located here: //europa.eu/*.

* Kuda PC Sole Trader is not responsible for the content contained at the address(es) provided or any issue(s) arising from their use. External links provided are to be used at Consumer discretion.

Business Terms and Conditions

1. Definitions

“The Buyer” means the account applicant or business who buys or agrees to buy goods from the Seller.

“The Seller” means Kuda PC Sole Trader. Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by the Seller.

“Goods” means any goods or services offered for sale by the Seller from time to time.

“Contract” means the contract between the Seller and the Buyer.

 “Data Protection Laws” means The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act 2018.

 “Price” The price given on the order confirmation and also at the bottom of the invoice as agreed by the "Buyer".

 

2. Conditions

These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

No variation or addition to these conditions shall be effective unless agreed in writing by the Seller.

No contract for the sale of goods shall arise until the Seller despatches the goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller's quotation (whichever shall first occur).

Acceptance of delivery of goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions.

Nothing in these conditions shall affect the statutory rights of any consumer.

These terms shall represent the whole contract between the Buyer and the Seller.

 3. Interpretation

The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

 4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

 

5. Delivery/Time Not of the Essence

5(a)Unless specifically agreed in writing, time for delivery is not essential.

5(b) Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only. The Seller will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery.

6. Prices

The price shall be that on the Seller's current list price (or if applicable, the price contained in the Seller's quotation).

The Seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the Seller revises the price the Buyer must be informed prior to despatch and have the option to cancel the order. If the Buyer cancels the order due to price revision any money they have paid will be refunded in full.

All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition.

In the case of Consumer sales, payment must be made in full before despatch of any goods.

In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than thirty (30) days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the contract as repudiated by the Buyer or to delay delivery until paid (in addition to any other remedy).

If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.

7. Warranty and Liability

The Seller warrants that the goods will be at the time of delivery correspond to the description given by the Seller. All images on the website should be used as reference only, and do not represent the actual finalised build, colour or appearance. Except, where the Buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the goods for the Buyer's purpose. The warranty is non-transferable.

8. Delivery

Whilst every reasonable effort shall be made to keep to any delivery date, 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 other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the Seller fail to deliver goods on an agreed delivery date the Buyer shall have the right to cancel the order and receive a full refund of any monies paid to the Seller.

Failure by the Buyer to pay for any installment or delivery when due shall entitle the Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such goods which the Seller is then entitled to withhold.

Delivery of the goods shall be made to Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

The Seller reserves the right to choose which courier is deemed most appropriate to deliver the goods.

9. Short Notice

The Seller reserves the right to make an additional charge should the Buyer request a Short Notice service. This service is subject to availability and cannot be guaranteed.

10. Deposit

The Seller may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Buyer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. If the Buyer cancels the contract, the Seller may sell the goods to another customer. The Seller shall be under no obligation to refund the Buyer’s deposit, but it will only seek to recover losses that have reasonably incurred.

11. Ownership and Risk

The risk in goods shall pass to the Buyer when either the Buyer receives the goods or a contract is made but the goods are kept at the Seller's premises at the Buyer's request.

The Seller remains the owner of the goods affected by the contract until the Seller has been paid in full for such goods.

If any payment due under these conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Buyer shall be liable for all the Seller's costs of so doing.

If the Buyer is a Consumer and wishes to reject any of the goods which are not in accordance with the contract, the Buyer must promptly give notice of rejection to the Seller and make the goods available for collection by the Seller.

In the case of any other sale the Buyer shall inspect the goods immediately upon delivery and shall notify the Seller within five days of delivery if the goods are damaged or do not comply with the contract. If the Buyer fails to do this, he is deemed to have accepted the goods.

Any goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either: Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the goods or At the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the goods are in fact defective.

12. Confidentiality

12(a) All written and oral information and any materials disclosed or provided by the Seller to the Buyer under this Contract is confidential information regardless of whether it was provided before or after the date of this Contract.

Nothing in this Contract will prevent the parties from making any disclosure of the Confidential Information required by law.

13. Data Protection

13(a) The Seller will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Seller, may contact the Buyer by email, telephone or letter to inform the Buyer of products or services which may be of interest to the Buyer, or the Buyer may be asked to participate in a Buyer survey by either the Seller, or third party. If the Buyer does not want their information to be used in this way the Buyer should notify the Seller by writing to the Seller Principal at the Company's address.

13(b) Where the Seller is a data processor, the Seller shall comply with all applicable requirements of the Data Protection Legislation.

14. Cancellation Returns

No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.

Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such goods, then: A goods return number obtained from the Seller must be clearly shown on the returned parcels.

The goods to remain at the Buyer's risk in all respects until received by the Seller. The Buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault.

The Seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.

15. Force Majeure

The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Seller's control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the Seller.

16. No waiver

The Seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance of compliance with any of these conditions.

17. Liability

17(a) Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.

17(b) Except in respect of death or personal injury caused by Seller negligence, or any loss caused by the fraud of the Seller,  the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any: (a) loss or damage incurred by the Buyer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if the Seller was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract. which arise out of or in connection with the supply of the Goods or their resale by the Buyer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude the Seller’s liability or limit the Buyer’s rights in any way that cannot be restricted, excluded or limited by law. All images on the website should be used as reference only, and do not represent the actual finalised build, colour or appearance.

18. Jurisdiction

Where any dispute cannot be resolved between the parties this Contract shall be governed by the Laws of Scotland and the parties shall submit to the jurisdiction of the Scottish Courts.

These conditions do not affect your statutory rights.

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