TERMS AND CONDITIONS OF SALE OF The I.T. Doctor (GB) Ltd
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these Terms
and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means The I.T. Doctor (GB) Ltd of 24 Cecil Avenue,
Bournmouth, Dorset. BH8 9EJ or The I.T. doctor (GB) Ltd, 2ND Floor,
145-157 ST.John Street, London,
EC1V 4PY.
1.6 "Terms and Conditions" means the terms and conditions of
sale set out in this document and any special terms and conditions
agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's
statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for
the sale of Goods by the Seller to the Buyer and shall prevail over any
other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and Conditions and are
subject to acceptance by the Seller. The Seller may choose not to accept
an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from
stock the Buyer shall be notified and given the option to either wait
until the Goods are available from stock or cancel the order and receive
a full refund.
3.3 When making an order through the Website, the technical steps
the Buyer needs to take to complete the order process are described in
the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's
Website. The Price is inclusive of VAT. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges
will be displayed in the Buyer's shopping cart prior to confirming the
order.
4.3 After the order is received the Seller shall confirm by email
the details, description and price for the Goods. If these differ from
the details, description and/or price shown on the Website the Buyer
shall be entitled to cancel the order.
4.4 In the case of consumer sales, payment of the Price plus VAT
and delivery charges must be made in full before dispatch of the Goods.
4.5 In the case of other sales, payment of the Price plus VAT and
delivery charges shall be due within 30 days of the date of receipt of
the invoice supplied by the Seller.
4.6 Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment at a rate
of 5.00% above the base rate of Barclays Bank from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification
of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the
Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any
Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age
the Buyer will be asked when placing an order to declare that they are
of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled
to order certain Goods, the Seller shall be entitled to cancel the order
immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch
correspond to the description given by the Seller. Except where the Buyer
is dealing as a Consumer, 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 is satisfied as to the suitability of the Goods for the
Buyer's purpose.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within
7 working days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within
14 working days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this
delivery date cannot be met, the Buyer will be notified and given the
opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any
date agreed for delivery. In any event 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 third party arising
directly or indirectly out of any failure to meet any estimated delivery
date.
8.5 Delivery of the Goods shall be made to the Buyer's address
specified in the order and the Buyer shall make all arrangements necessary
to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller within 7 days of delivery if the Goods are
damaged or do not comply with any of the Contract. If the Buyer fails
to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be
returned by the Buyer to the Seller. The Buyer shall be entitled to a
full refund (including delivery costs) plus any return postal charges
if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your
other rights, to cancel the Contract and receive a refund by informing
us in writing or by email within 7 working days of receipt of the Goods.
Goods must be returned at your cost and should be adequately insured
during the return journey. You will receive a refund of all monies paid
for the Goods (including delivery charges) except for return postal charges
within 30 days of cancellation.
9.4 Goods to be returned must clearly show the order number obtained
from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyer's
fault the Buyer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing
as a Consumer, in the event of any breach of these Terms and Conditions
by the Seller the remedies of the Buyer shall be limited to damages which
shall in no circumstances exceed the Price of the Goods and the Seller
shall under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting from
the negligence of the Seller or that of the Seller's agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its rights to do
so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, breakdown of
plant or machinery or shortage or unavailability of raw materials from
a natural source of supply, and the Seller shall be entitled to a reasonable
extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these
Terms and Conditions had been agreed with the invalid illegal or unenforceable
provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions
at any time.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the
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