MEGAWEB DEVELOPMENTS - Conditions of Sale
1. General
1.1. These Conditions shall supersede all earlier
conditions of MEGAWEB DEVELOPMENTS.
1.2. These conditions shall take precedence
over any conditions of the Customer and
shall not be varied without the written consent
of a director of MEGAWEB DEVELOPMENTS.
2. Definitions
2.1. "MEGAWEB DEVELOPMENTS" means
MEGAWEB DEVELOPMENTS of 8 Royal Gardens, Stirling,
FK8 2RJ.
2.2. "Customer" means the person,
firm or company buying or agreeing to buy goods
and services from MEGAWEB DEVELOPMENTS.
2.3. "DIY System Build" means the
sale by MEGAWEB DEVELOPMENTS of a package of
all the components needed for the self assembly
of a computer system by the Customer.
2.4. "Price Paid" means the price
paid by the Customer for the Product excluding
carriage and any credit surcharge. The Price
Paid is stated on the Order Confirmation.
2.5. "Order Confirmation" means the
acknowledgement of the Customer's order sent
to the Customer by MEGAWEB DEVELOPMENTS.
2.6. "Product" means any computer
components supplied to the Customer by MEGAWEB
DEVELOPMENTS.
3. Prices and Ordering
3.1. Unless otherwise stated all prices are
exclusive of value added tax, credit card surcharge,
delivery, insurance and installation.
3.2. Megaweb Developments reserves the right
to vary the quoted price for the goods by upwards
additions in accordance with market conditions
at the date of actual supply and the purchaser
shall pay such additions in addition to the
quoted price. Price lists do not constitute
an offer.
3.3. Reservation of Products does not constitute
an order and is not binding on either party.
3.4. Orders are accepted by writing, Internet,
telephone or fax. Orders are only binding when
the customer receives an Order Confirmation
in writing. Please check the Order Confirmation
carefully and notify MEGAWEB DEVELOPMENTS of
any mistakes at once, or the Order Confirmation
will apply.
4. Payment
4.1. Payment is due on demand and in any event
must be made within 30 days of the invoice date.
4.2. MEGAWEB DEVELOPMENTS may charge interest
on overdue accounts at the rate of 5% per month
above base rate calculated on a daily basis
until actual payment.
4.3 In respect of consumer sales only, statutory rights are unaffected
by these terms and conditions. Megaweb Developments accept payment
as follows.
Cash- Sterling currency tendered in person. Do not send
cash through the post or by carrier
Postal/Money Order- Only UK Sterling Postal Orders accepted.
Please cross the order with the words A/C PAYEE ONLY.
Cheques- Orders paid for the advanced despatch, by post
or carrier, of a cheque, will not be despatched until the cheque
has cleared, for which up to 14 days should be allowed. Personal
cheques may be cleared immediately/provided a valid cheque guarantee
card number and expiry date are written on the reverse of the
cheque. Special Presentation is available at £15 +vat and
will clear a cheque in two days. A Building Society or Bankers
draft will be cleared immediately provided it is presented during
banking hours. Foreign cheques must be drawn on a UK bank in Sterling,
otherwise further charges may be made.
Bank Transfer- we can accept CHAPS and BACS transfers.
Our bank is Bank of Scotland, Craigs House, 78 Upper Craigs, Stirling,
FK8 2DE. Sort Code: 80-91-29, ACC No. 00736745. ACC Name: Megaweb
Developments.
Credit Terms- Credit may be extended to central and local
government departments and agencies, and public limited companies
whose shares are fully quoted on the London Stock Exchange. Our
normal terms are 30 days from date of invoice or supply. All credit
orders must be in writing, using wherever appropriate, the official
stationary of the customer. We reserve the right to surcharge
for credit orders.
Contra Arrangement- Exchange of goods or services can only
be used to settle invoices by the express written permission of
the vendor.
Credit Cards- The online shop accepts the usual Mastercard,
Visa and Switch cards. Please note from a security perspective,
we use a payment processor for all credit card processing. Effectively
this means that Megaweb Developments will never actually know
your credit card information, we are only notifed of a transaction
taking place. This whole transaction takes place in a completely
secure environment thus preventing your details being intercepted.
Any problems please contact us.
5. Delivery
5.1. Any delivery date stated is only a warranty
by MEGAWEB DEVELOPMENTS to use reasonable endeavours
to effect delivery by that date. No liability
will be accepted by MEGAWEB DEVELOPMENTS for
failure to meet a stated delivery date.
5.2. Products supplied by MEGAWEB DEVELOPMENTS
are delivered at the risk of MEGAWEB DEVELOPMENTS.
Customers must make a claim for damage or loss
of the goods in writing:
5.2.1. if a Product is damaged, within 24 hours
of delivery; and
5.2.2. if a Product has been lost or is short,
within 24 hours of delivery.
No claim for loss or damage will be allowed
if the Customer claims outside the above time
limit.
5.3. If payment is made by credit or debit card,
delivery will be made to the statement address
of the cardholder.
6. Consumer Rights
6.1. If you are a consumer (a private person
buying for their personal use) then you may
cancel your purchase at any time within 7 days
of receipt and we will give you a refund of
the Price Paid. You must inform MEGAWEB DEVELOPMENTS
in writing and return the Products to us immediately
in the same condition you received them, at
your own cost and risk.
6.2. If a system has been assembled by MEGAWEB
DEVELOPMENTS to the consumer's specification,
or the consumer has assembled or tried to assemble
any of the goods, then clause 6.1 does not apply.
6.3. If a customer wishes to return Products
not covered by clause 6.1 then such Products
will be accepted at the discretion of MEGAWEB
DEVELOPMENTS. The customer must obtain a RMA
number from MEGAWEB DEVELOPMENTS and quote this
when returning the goods. The customer will
be credited with the current market price.
6.4 Megaweb Developments will not accept goods
for credit or rectification unless such return
has been authorised by a director, and the goods
are received by the vendor In stock condition,
with original packaging and the vendor retains
the right at its sole discretion whether to
accept the return of the goods or whether to
rectify the goods or whether to issue a credit
note in respect thereof. The vendor reserves
the right to charge levy testing charges and/or
a restocking fee on goods returned for credit
which are not in stock condition.
6.5 The purchaser shall unless otherwise stated
be responsible for the cost of outward and return
carriage and insurance of all goods returned
by the purchaser to the vendor for service or
credit which goods shall be at the risk of the
purchaser until actual receipt of the goods
by the vendor. The onus of proof of sale delivery
shall rest with the purchaser.
6.6 All items returned to the vendor by pre-arrangement
and found to contain no fault will be subject
to 25% restocking charge, providing the goods
are in original stock condition. Any downward
variation of this restocking charge shall be
at the sole discretion of the vendor.
6.7 No credit shall be allowed for goods until
they have been received complete.
6.8 Returns will not be accepted without a valid
RMA number - must be requested beforehand -
a reference to the customer invoice number and
ALL packaging. RMA numbers are valid tor 14
days.
7. Guarantee
7.1. If within 12 months of being delivered
a defect in any Product is discovered which
is directly due to faulty goods or workmanship,
or if a valid claim is made under 5.2 above,
then MEGAWEB DEVELOPMENTS shall at its option
repair or replace the Product free of charge
for labour and materials.
7.2. A Product covered by a direct warranty
from the manufacturer is not covered by this
guarantee. The Customer will receive a warranty
direct from the manufacturer and should claim
under this warranty.
7.3. The Customer should return the Product
in its original packaging to MEGAWEB DEVELOPMENTS
at the address above. Prior authorisation must
be obtained for any returns by contacting MEGAWEB
DEVELOPMENTS customer services and obtaining
a RMA number, which must be quoted in any correspondence.
7.4. All Products other than DIY system build
are sold as individual components. All returns
must comprise of only the defective Product.
7.5. If any item is returned which is found
not to be faulty by our technicians, then a
charge will be made for return carriage insurance
and administration.
7.6. This clause does not affect your statutory
rights.
8. Limitation of Liability
8.1. MEGAWEB DEVELOPMENTS accepts liability
for any private property loss or damage, death
or personal injury caused directly by the negligence
or deliberate misconduct of MEGAWEB DEVELOPMENTS
or its employees. Except for death or personal
injury, this liability shall be limited to the
lesser of £250,000 or the Price Paid.
8.2. MEGAWEB DEVELOPMENTS shall not be liable
for any financial consequential indirect or
other losses suffered by the Customer or any
third party whether such loss arises in contract
or tort or in any other way.
8.3 Megaweb Developments makes every effort to ensure that goods
supplied correspond in every respect with the sample specification
or description provided as the case may be, the vendor is not
responsible tor the minor variations in specification, in colour
or other design features and no such minor variation shall entitle
the purchaser to rescind the contract or shall be the subject
of any claim against the vendor by the purchaser.
9. Uncontrollable Events and Delays- Force
Majeure
9.1. In case of delays caused by circumstances
beyond the control of MEGAWEB DEVELOPMENTS or
it's suppliers, MEGAWEB DEVELOPMENTS shall have
the right to either suspend delivery or to cancel
the contract without liability.
9.2. Examples of Uncontrollable Events are (by
way of example and not limited to) strike, lockout,
riot, revolution, war, epidemic, working difficulties,
transportation difficulties, fire, and failure
of suppliers or official regulations.
10. Customers Obligations
10.1. You are responsible for your own choice
of Product and the suitability for any particular
purpose. You must ensure that any Products are
compatible.
10.2. You must provide reasonable courtesy information
and co-operation to MEGAWEB DEVELOPMENTS.
11. Title and Risk
11.1. Until full payment has been received by
MEGAWEB DEVELOPMENTS for all Products whatsoever,
supplied at any time by MEGAWEB DEVELOPMENTS
to the Customer: -
11.1.1. property of the Products shall remain
in MEGAWEB DEVELOPMENTS;
11.1.2. the Customer shall store the Products
in such a way that they can be readily identified
as being the property of MEGAWEB DEVELOPMENTS,
and at all times in accordance with MEGAWEB
DEVELOPMENTS recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the
Customer shall be at liberty in its own name
(but not on behalf of or in the name of MEGAWEB
DEVELOPMENTS) to sell the Products in the ordinary
course of business, on the basis that any proceeds
of sale shall be the property of and be held
on trust for MEGAWEB DEVELOPMENTS;
11.1.4. MEGAWEB DEVELOPMENTS may at any time
suspend or revoke the Customers power of sale
by notice in writing to the Customer if the
Customer is in default for longer than 14 days
in payment of any sum whatsoever due to MEGAWEB
DEVELOPMENTS or if any Bill of Exchange, cheque
or other negotiable instrument drawn or accepted
or endorsed by the Customer is dishonoured on
presentation for payment;
11.1.5. the Customer's power of sale will automatically
determine if a Receiver is appointed over any
of the assets or the undertaking of the Consumer
or a winding up order is made against the Consumer
or the Consumer goes into voluntary liquidation
(otherwise than for the purpose of reconstruction
or amalgamation) or causes a meeting of, or
makes any arrangement or composition with creditors
or commits any act of bankruptcy;
11.1.6. upon revocation of the power of sale
under clauses 11.1.4 and 11.1.5 above the Customer
shall place the Products at the disposal of
MEGAWEB DEVELOPMENTS, who shall be entitled
to trace all proceeds in accordance with the
principles of R v. Hallets Estates 188013CH
096. At any time after the due date for payment
from the purchaser to the vendor and so long
as such amounts have not been received by the
vendor in full, the vendor, at the purchasers
expense shall have the right to enter the purchaser's
premises and remove there from all goods which
remain the property of the vendor.
12. Miscellaneous
12.1. If any part of these Terms and Conditions
are found to be invalid or unenforceable by
a court the rest are unaffected.
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