1 Definition of terms used in this document:
"We", "Us", and "Our" refers to Entroware;
"Goods", "Product", and "Products" refers to the desktop or laptop computer or any other hardware product ordered by you from us;
"Customer", "You", "Your", and "YOURS" refers to the individual or legal entity ordering Goods from us;
"Terms And Conditions" refers to this document and any updates made to this document on our website;
"Website" refers to our website, www.Entroware.com which these Terms and Conditions are displayed upon;
2 Ordering from Us
2.1 When you order Goods from us you are entering into a contract with us for the purchase of the Goods. You must take distinct care when providing your details to us.
2.2 Any order that you place with is is subject to product availability and acceptance by us. When you place an order with us we will send you an email confirming that the order has been complete. If the Goods are not available we will contact you either by telephone or email and offer you an alternative Product or the option of cancelling your order.
2.3 When ordering from this Website you may be required to provide a username and password. You must ensure that these details are secure and do not provide them to a third party.
2.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or ordering from the Website.
2.5 The description and price of Goods you order will be as shown on our Website at the time you place your order.
2.6 After you have placed an order with Us, you will receive and email from us acknowledging that we have received your order (Order Complete email). The contract between Us and You will only be formed when we send you the Order Complete email.
2.7 To avoid miscommunication, all correspondence must be in English. This includes (but is not limited to) order details, returns and all enquiries.
3.1 All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Complete email.
3.3 The total price for the Goods ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by PayPal, credit or debit card, payment will be taken at the time of placing your order and not when the order is dispatched.
3.4 It is possible that, despite Our best efforts, a Product on the Website may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found.
3.5 If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by Us.
4.1 Goods will be delivered to the address provided by you at the time of ordering.
4.2 Your order will be fulfilled as soon as possible after your Order Complete email and in any event within 30 days of the date of the Order Complete email, unless there are exceptional circumstances.
4.3 Production Time
4.3.1 Standard Service – Upon receipt of full payment, your order will typically be despatched in approximately 2-3 business days. However, if your order is likely to exceed 5 business days before despatch, we will contact you to notify you.
4.3.2 Expedited Service – Upon receipt of full payment, your order is guaranteed to be despatched within 2 business days following the date of payment (not including the date of payment). If exceptional circumstances cause production to exceed 2 business days, you can request a refund of the Expedited Service fee within 30 days of delivery. The 2 business day production period does not include payment processing time or shipping time, however we do utilise a next-day domestic shipping service for most UK addresses.
4.4 Please ensure that you or someone who is authorised to sign for the Goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can refuse the delivery.
4.5 The Products will be at your risk from the time of delivery.
5 Cancellation and Returns
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 30 calendar days, beginning on the day you received the Products.
5.2 If you are contracting as a Business / Trade customer, this clause does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company address or purchase order number has been provided.
5.3 You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. It must not have been used or had any data input on it. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 Once the cancelled Products are received by us, we will refund your debit or credit card or issue a bank transfer for the full amount paid within 14 days including the costs of delivery less the collection charge we paid for the collection of the Goods if applicable.
5.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals.
5.6 If the goods supplied to you are physically damaged then you should notify us via email or our returns page within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care.
5.7 Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
5.8 When returning goods under the 14 day cooling off period, if the goods are not in a resalable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund.
6.1 All Goods that we supply are warranted free from defects for 12 months from the date of supply.
6.2 Goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. All Products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender.
6.3 Warranty Upgrades:
6.3.1 3 Year Silver warranty service includes, 3 Years of Labour, 1 Year Parts, and 6 Month UK Collect & Return;
6.3.2 3 Year Gold warranty service includes, 3 Years of Labour, 1 Year Parts, and 1 Year UK Collect & Return;
6.3.3 3 Year Platinum warranty service includes, 3 Years of Labour, 2 Year Parts, and 2 Year UK Collect & Return;
6.4 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 (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated / hot or dusty environment), failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
6.5 Unless otherwise stated, all LCD/LED panels should be considered as class 2, which comply with ISO ISO-9241-302, 303, 305, 307:2008 pixel defects. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels.
6.6 We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty regardless of any correspondence stating otherwise.
6.7 Unlike with most computer companies, we allow you to open your case and install your own components without voiding your warranty on the following conditions:
6.7.1 if the actions of the person installing the components cause damage to the computer, your warranty will be void;
6.7.2 if you install components that are not purchased from us and they cause problems with your computer, your warranty will be void;
6.8 In the event of any failure of software or hardware, we will not be held liable to replace, re-install or compensate for any software that is lost, damaged or corrupted. This exclusively applies to software provided free of charge by us or any third party software that was installed by you.
6.9 The dead pixel guarantee commences on the day you receive your order and any dead pixels must be reported within the guarantee time period in order to qualify for replacement. Screens that are cracked, damaged or broken are not covered under the dead pixel guarantee regardless of how many pixels are not functioning.
6.10 If goods returned for repair are found to fall under the exceptions listed in 6.4, you will be liable for shipping and repair costs. Repair and/or return shipping will commence once the costs are settled with us.
7 Our Website security
7.1 Encryption Technology: We use 256-bit secure sockets layer encryption technology to ensure that all personal and transactional information is encrypted before transmission. To verify that encryption is being utilised check your address bar and you will see https as opposed to http. The encryption technology and the policies we use are to safeguard your information from unauthorised access/improper use.
7.2 External Websites: If you use links on our Website that send you to external websites, we have no control over how your information will be processed. Other websites may handle your information in different ways, we recommend that you check the privacy policies of each website that you visit.
8 Using our Website
8.1 We aim to have the Website available at all times, however, we cannot guarantee an error free experience
8.2 You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer systems, servers, Website or any other internet connected device or service.
9 Your Information
9.1 Where we have requested information from you to provide Goods, you agree to provide us with accurate and complete information.
9.2 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
10 Complaints about our products or service
10.1 We hope that you will not have any complaints about our Products or service however if you do have an issue please contact us at firstname.lastname@example.org and we will do our best to respond within 3 working days.
11 Disclaimer and limits to our liability
11.1 We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
11.2 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us.
12 General legal points
12.1 We may change, alter, or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to accept the latest version of the Terms and Conditions when you buy our Goods or use our services.
12.2 This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
12.3 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
12.4 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
12.5 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.