Terms and Conditions
Your Responsibilities and Registration Obligations.
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These terms and conditions set out the full extent of any agreement between you and MiStoreTechnics.co.uk. By placing an order with us you agree to be bound by MiStoreTechnics.co.uk's terms and conditions set out below.
Everything we sell to you and all the advice and product information provided are governed by our terms and conditions of sale. It is strongly advisable that you read and understand our terms and conditions prior to purchasing. If there is any assistance you need regarding our terms and conditions please email our customer support team with your query.
Wherever the following words and phrases appear in these Terms and Conditions they will always have the following meanings:
a. You, Your - The Customer purchasing the Goods.
b. We, Our, Us - The Seller MiStoreTechnics operated by MiSt&Co Ltd.
c. Cleared Funds - Payment by the following methods is deemed to represent Cleared Funds:- Cash, Debit Cards where validity and payment can be confirmed, Cheques supported by a valid Guarantee Card not exceeding the limit authorised by the Guarantee Card, Credit Cards where validity, identity and payment can be confirmed and where a Handling Charge of 2.5% is paid by You in addition to the price of the Goods, Banker's Drafts and cleared Direct Bank Transfers, in both cases where payment has been authenticated by the relevant Bank/Building Society, Postal Orders.
d. Consumer - A person purchasing Goods from Us who is not purchasing for the purpose of a business, organisation or Official Authority and is not a Limited Company, PLC, Government Department, Organisation (whether Corporate or Unincorporated) or Institution.
e. Delivery Date - Where we have agreed to deliver the Goods to You, the date which is agreed for delivery.
f. The Goods - The items and/or equipment sold or to be sold by Us to You.
g. Services and Advice - Any Service and any Advice in connection with the Goods, whether given before or after Purchase (but not in any case including commissioning of Goods) which We may provide or have provided or agree or have agreed to provide to You.
h. Trade Customer - A purchaser who is not a Consumer.
We have agreed to sell the Goods to You and You have agreed to purchase them from Us on the basis of these Terms and Conditions and You acknowledge that You have been given a sufficient opportunity to read and understand these Terms and Conditions prior to or upon ordering the Goods and/or Services and Advice.
No other Terms and Conditions stipulated or referred to by You verbally or in any documentation whether signed or otherwise shall be incorporated at any time into any agreement between Us.
3. Our Responsibilities:
a. Description of Goods:- We will supply the Goods in accordance with the written description given on Our invoice except if such is not reasonably practicable in which case we will supply an alternative of equivalent or superior quality and specification. Any information, illustration and/or specification given Us on our internet site or verbally should be taken as a guide only and is not contractually binding.
b. Delivery:- If so agreed, We will deliver the Goods to You. The Delivery Date should be taken as the anticipated date of delivery but it is an estimate only and should not be taken as contractually binding. Whereas we will make reasonable efforts to deliver the Goods on the Delivery Date or shortly before or after that date We will not be liable for late delivery arising due to factors outside Our direct control, stock availability or due to default of Our Sub-Contractors for which we are not to blame. Time of delivery shall not be of the essence in the Contract. We reserve the absolute right to cancel delivery of any goods where payment by You has not been made in accordance with the Contract or where any security check has proved negative. In regard to Trade Customers no liability shall attach to Us for any losses arising from failed or late delivery or for damage to Goods during delivery.
c. Services and Advice:- We try wherever possible to supply Services and Advice to all Our customers but We accept no contractual obligation to do so and We accept no liability for any Services and Advice supplied to You in connection with the Goods. We are not responsible to commission or to ensure the compatibility of the Goods with any system, software or equipment with which You intend or attempt to use Goods.
d. Our Contract:- When You place an order with Us, Your order represents Your offer to purchase from Us and is not contractually and/or legally binding until You receive the actual delivery of the order. Your order is processed through various phases including order notification/s, payment/s and security check/s, none of these phases represent Our acceptance of Your order.
4. Your Responsibilities:
a. Payment:- Unless otherwise agreed in writing, you must make Payment in Cleared Funds of the Goods and/or services on placing an Order and the Goods will not be supplied until such Payments have been made. In the case of failed Payment or negative security checks the Contract between us shall be cancelled and we will have no obligation to supply or deliver the Goods to you but this is without prejudice to our rights for compensation and/or damages for breach of Contract.
b. Credit Account:- If agreed in writing, You may at Our discretion have a Credit Account the terms of which shall be agreed and recorded between us. If such is the case, You will be liable to make payment in full for all of the Goods on the due date under the Credit Agreement and no set off or reduction will be allowed for non-delivery, partial delivery, damage, alleged defects or otherwise to the Goods. Time for payment shall be of the essence which means that the Contract and Our liabilities thereunder (but without prejudice to any liability You may have to Us) shall be terminated at Our option if You do not make payment in accordance with the terms of the Credit Account.
i. Delivery Dates are estimated only unless expressly quoted by Us in writing.
ii. You are responsible for accepting delivery at such location as has been agreed with Us. If Payment has been made by credit/debit charge we reserve the right to deliver to the name and address registered on the Credit/Debit Card.
iii. Any request for change to Delivery Date or location must be notified to Us in writing as soon as practicable and in any event not less than 48 hours before the Delivery Date.
iv. We will make reasonable efforts to accommodate Your reasonable requests for change of the Delivery Date but You will be liable for any additional costs incurred by Us as a result.
v. In the event of a failed payment or failed security check we will not be responsible for any delay in delivery or failure to deliver.
vi. The timed delivery service you select starts from the date we despatch the order and not from the date the order is placed.
d. Installation, maintenance and compatibility:- You are responsible for ensuring that the Goods are properly installed, commissioned and maintained and that they are compatible with any equipment or system with which You use or attempt to use them.
e. Confirmation of Order:- You must ensure that any written confirmation of any Order is clearly marked as confirmation of an existing Order. Any written Orders not so marked may (at Our absolute discretion) be treated as Second Orders for which You must pay and to which these Terms and Conditions will apply.
f. Reporting of Damages/Omissions:- Any damages, omissions, defects or errors in Goods delivered to You must be reported by You within 2 days of receipt of the Goods using a Recorded Delivery method and in the absence of such Report you will have no claim for damages, refund, replacement or otherwise in relation to the Goods.
g. Return of Goods:- If Goods are returned to Us by You or by a person acting on Your behalf then it is Your responsibility to ensure that the Goods are returned in the same condition as they were when supplied to You without any damage, omission or otherwise. You will be solely liable for the risk of loss or damage to the Goods in transit and the Goods must be returned in the original boxes, with manual, Drivers Disk and any other accessories provided with the Goods when supplied.
h. Counter Sales:- You must make adequate checks with Us for damages, omissions, errors and shortages before leaving the internal sales area of Our premises or internal Customer Services Area with the Goods.
i. Prior to returning items with Data held on them You must make adequate back up of data for which we shall not be responsible.
j. You must take reasonable precautions to back up data at regular intervals as We cannot be held liable for loss whether consequential or otherwise if the component fails causing data loss.
k. Marking of Returns:- If Goods are returned to us they must be returned with an RMA Number (Return Merchandise Authorisation Number) which can be obtained from Our Customer Support Team by email or telephone. All Goods should be clearly marked with the RMA Number on the packaging. You must also leave any labels (Batch Number/Bar Code/Serial Numbers/Security Seals) on the Goods and/or on their packaging. If such are removed or damaged then we reserve the right to reject the return or invalidate any Warranty or claim to refund or damages by You. On returning Goods you must provide a written description of the defect which you claim is covered under Warranty.
5. Our Rights
a. Title to Goods:- We shall retain full title and ownership of the Goods and of any other items which You may have received or which You may receive from Us until all and any sums actually due or agreed to fall due in the future from You to Us (whether in respect of these Goods or otherwise) have been paid in full. You remain solely responsible for the Goods whilst they are in your possession, custody or control or in the possession, custody or control of any third party whether such third party has obtained possession, custody or control with your consent or not.
b. Return of Goods:- You will be liable to compensate us for depreciation in value to Goods damaged,or loss of the Goods, charges incurred for collection/retrieval of the Goods and Our reasonable administrative and/or legal costs. If You fail to pay to Us any sum due by the date agreed for payment We reserve the right to demand return of the Goods which must be returned together with all hardware, software, manuals, disks, boxes and other items supplied with the Goods in the same condition as they were in when delivered to You.
c. Late Payment:- We reserve the right to charge interest at 3% per annum above the base rate of NatWest Bank at the time of default on payment and from time to time thereafter until payment is made in full.
d. Cancellation of Order:- If You cancel any Order, We reserve the right to charge the greater of £40.00 or Our actual loss of profit, costs and expenses caused by the cancellation. You must obtain a Cancellation Number from Us to make an Cancellation of Order valid.
e. Uncollected Goods:- Which have been ordered or returned may be disposed of by Us after 60 days without liability to You. Whilst we hold such Goods, we will not be liable for any damage or theft or the Goods unless such is covered by our Insurers and liability accepted by them or such be proved to be Our fault.
f. Pricing :- We reserve to right to vary Our prices between our sales departments, including but not limited to Our online, mail order, retail store and trade store departments.
6. Your Rights
i. If you are purchasing as a Consumer (by which we mean somebody who is not purchasing for the purpose of a business), You may, if agreed in writing with ourselves, have the benefit of a Warranty of up to 12 months, or such lesser period as may have been agreed.
ii. Our liability to You under Warranty extends to parts and labour but is limited to cases where the Goods are proved to Our satisfaction not to be functioning properly and where the Goods have been properly installed, maintained and commissioned by You and are compatible with any equipment or system with which You have used or attempted to use them.
iii. To make a claim under Warranty, You must notify Us in writing, telephone or email Customer Support of the alleged fault as soon as it is detected and You must provide full and proper details. You must allow Us a reasonable opportunity to inspect and test the Goods at Our premises or elsewhere as We may specify.
iv. If the Goods are proved to be faulty in the circumstances stated in (ii) above and You have followed the procedure in (iii) above, We will either repair the Goods or at Our discretion we will replace the Goods with others of equivalent or superior specifications which need not be from the same Manufacturer and which may be repaired, refurbished, second hand or ex-demo Goods.
v. If You make a claim under Warranty but the Goods are found not to be faulty, (amount to be at Our discretion) shall be charged to You and shall be payable prior to the return of the Goods to You over which we shall exercise a Lien (a right to retain the Goods) until payment of any other sums due from You to Us whether in respect of the Goods or otherwise.
vi. Where the Goods comprise components which are separate or capable of being separated any Warranty shall apply to each such part separately and Our obligations to replace or repair (if any) shall only extend to the component which is proved to be faulty and not to the whole of the Goods.
vii. Any extended and/or enhanced warranty provided by any third party including the Manufacturers Extended and/or Onsite warranty is to be dealt with by You and the third party only.
viii. The Warranty under Clause 6 (a) hereof is valid only with proper use and instalation of the product by You and does not cover any part of any Product or complete Product which has been modified with Our consent or which has been subjected to unusual physical, electrical or other stress or where such repair is required as a result of causes other than the ordinary use or instalation.
a. If You are purchasing as a Consumer You may have a right to refund of the monies paid by You in respect of the Goods in the following circumstances (but not otherwise):-
i. If the Goods are proved to have been faulty at the time of supply and cannot be reasonably repaired or replaced (whether by new, refurbished ex-demo Goods or otherwise) and
ii. You have notified us in writing immediately or so soon thereafter as practicable upon becoming aware of the fault giving precise details of the fault alleged and
iii. You have followed the correct procedure specified in 4 (g) above in ensuring return of the Goods.
iv. You have allowed us to test the Goods at our Premises or elsewhere as we may specify and
v. A test fee may be payable for functioning Good returned to us for testing. Test fee rates can be quoted at a time when you return the Goods.
vi. Functioning Goods returned for refunds will be accepted at our complete discretion. A minimum restocking charge of 25% of the original price of the Goods shall be charged if we accept the functioning Goods for a refund.
vii. If Goods are returned by a Trade Customer the buyer shall be entirely responsible for the cost and risk of transporting Goods to Us.
b. In clause (i) above "faulty" shall mean that the Goods or any component of them do/does not function at all or malfunctions to such an extent that they are incapable of reasonable use for any purpose.
c. We may at Our discretion replace or repair the Goods rather than giving a refund and if part only of the Goods is faulty the amount of the refund shall be limited to the value of the component effected.
c. Fitness for the purpose:
i. If You have a particular purpose in mind for the Goods, We will not be liable if the Goods are not reasonably fit for that specific purpose unless We have been advised of the specific purpose in reasonable detail by You in writing before or at the time when you placed your Order with Us and have agreed in writing to be so liable. Otherwise, our liability for fitness for the purpose shall be that the Goods supplied will be fit for the purpose of which such Goods are generally supplied and shall not be any more specific than that.
d. Statutory Rights:
a. Nothing in these Terms and Conditions shall operate to diminish or limit Our liability for Death/Personal Injury of which we might be liable apart from the Terms and Conditions.
b. Trade Customers. If you are dealing as a Trade Customer, then:-
i. Your Statutory Rights under Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994), the Sale and Supply of Goods and Services Act 1982 and any legislation or Statutory Instruments which may be made thereunder or which may repeal or amend such, shall in all cases be limited to the rights provided in these Terms and Conditions.
ii. Without prejudice to (i) above, Your Statutory Rights shall be further limited by Clauses 3, 4 and 5 of these Terms and Conditions. Save as stated in (ii) above, Your Statutory Rights shall be confined to the rights confirmed in and shall be limited by clause 3, 4 and 5 of these Terms and Conditions.
iii. If you are dealing as a Consumer then your Statutory Rights are not affected.
c. Limitation of liability to Trade Customers:- In respect of Trade Customers any liability for defects to Goods, failure to deliver, errors in description, omissions or liability shall be limited to the price of the Goods paid by You.
7. Terms and Conditions to be Read Separately
Each and every clause and element of clause in these Terms and Conditions shall, so far as reasonably practicable, be construed separately from any other clause or part of clause in these Terms and Conditions and shall if necessary be applied separately.
8. Indemnity as to Costs and Expenses
a. In the event that you make any claim, whether for repair, replacement, refund or damages or otherwise, in respect of the goods and whether arising from these Terms and Conditions or otherwise, You shall be liable to pay to Us the amount of any costs, expenses, legal fees and disbursements which we may incur should we have to expend monies in considering or defending any such claim which is not proved to have been correctly made.
b. In the event that You fail to make payment in accordance with these Terms and Conditions or in any other way are in breach of the Terms of Your Contract with Us, You shall be liable to pay to Us monetary compensation for any loss or damages, including consequential loss, loss of business and loss of profits, arising from or in connection with Your breach of Contract, to include all losses which actually occur whether foreseeable to You or not and in addition You shall be liable to pay to Us the amount of any costs, expenses, legal fees and disbursements which We may incur should We have to expend monies in bringing any claim against You whether in correspondence, through proceedings, enforcement or otherwise.
a. In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
a. The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
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