REAL COMPUTERS LIMITED
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR
ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE
REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Real
Computers Limited, whose registered office is at 241 Plaistow
Road, London. England. registered in England and Wales No. (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 and the Supplier has received payment in full (in cleared
funds). Once the Supplier does so, there is a binding legal
contract between us.
1.3 By way of clarification, an acknowledgement of your order
will be sent to you via e-mail when you place your order, but
acceptance of your offer to buy the goods will not take place
until after your payment is taken and you receive your
acceptance e-mail. It is at this point that a binding legal
contract is created and any contract is subject to these Terms
and Conditions.
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 Supplierīs 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, the
Supplier will inform you as soon as possible 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
Supplierīs website are accurate at the time you place your
order. If an error is found, 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 Supplierīs 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 some deliveries are
not made outside the United Kingdom.
4.2 Orders placed before 3.00 pm on a working day will be
processed that day and will be delivered as per the requested
delivery option provided no additional security checks are
required and all stock items are available. (A working day is
any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under
the Supplierīs 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:
4.4.1 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.4.2 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:
5.2.1 the goods, and
5.2.2 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.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods
has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of any third
party in such a way that they remain readily identifiable as the
Supplierīs property;
6.1.2 not destroy, 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 Supplierīs
behalf for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce the
policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in
condition 6.1.2 on trust for the Supplier and not mix them with
any other money, nor pay the proceeds into an overdrawn bank
account.
6.2 If you are a business customer your right to possession of
the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make
an arrangement or composition with your creditors, or otherwise
take 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
your winding up or for the grant-ing of an administration order
in respect of you, or any proceedings are commenced relating to
your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against you
or you are unable to pay your debts within the meaning of
section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to
the end of 7 working days after you receive the goods (see
below).
7.2 To exercise your right of cancellation, you must give
written notice to the Supplier by hand, post or the email
section of our website, 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 on the RMA email after an RMA
number is issued. 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 8.3 or 8.4, either
collect the goods from you or 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 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 Supplierīs
instructions, or any alteration or repair carried out without
the Supplierīs approval.
8.3 If the goods supplied to you are damaged on delivery, you
should notify the Supplier in writing via the RMA Email within 5
working days.
8.4 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 the RMA Email, as soon
as possible, but in any event within 5 days of the date you
discovered or ought to have discovered the damage, 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:
9.1.1 there is no breach of a legal duty owed to you by the
Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable
result of any such breach;
9.1.3 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
Supplierīs 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
Product images are for illustrative purposes only and may differ
from the actual product.
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.
Real Computers Limited
241 Plaistow Road
Stratford. London E15 3EU
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