Policies

Additional Pixel Computer Services Terms and Conditions of Trading

1.    Definitions

(1) "Pixel Computer Services" means Pixel Computer Services Limited of Shillingford, Hadlow Park, Hadlow, Kent, TN11 0HX or any subsidiary or associated company. Pixel Computer Services Limited is also referred to as "we" or "us" in these terms and conditions.

(2) "Catalogue" means the catalogue of products and services offered by Pixel Computer Services

(3) "Force Majeure" means any cause affecting the performance by Pixel Computer Services of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood, or any disaster or industrial dispute affecting a third party.

(4) "Working days" means Monday to Friday, excluding Bank or other Public Holidays

(5) "Customer" means the party identified as the Customer in this Agreement to whom Pixel Computer Services may agree to supply Products in accordance with these Terms and Conditions.

(6) "Products" means goods including but not limited to computer hardware and software items to be provided by Pixel Computer Services to the customer in accordance with these terms and conditions.

(7) "Third Party Software" means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by Pixel Computer Services) and which comprises part of the product.

2.    Orders

(1) All contracts of sale made by Pixel Computer Services shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Pixel Computer Services is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

(2) You undertake that :

(a) all details you provide us for the purpose of purchasing goods or services offered on our web site are correct, and

(b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

(3) All orders placed with Pixel Computer Services by the Customer for Products shall constitute an offer to Pixel Computer Services, under these terms and conditions, subject to availability of the products and to the acceptance of the order by Pixel Computer Service's authorised representative.

(4) All orders are accepted and Products supplied subject to these express terms and conditions only. No amendments of these terms and conditions will be valid unless confirmed in writing on or after the date hereof by Pixel Computer Service's authorised representative.

(5) It is agreed that these terms and conditions prevail over the Customer's terms and conditions of purchase unless these latter terms and conditions are amended by Pixel Computer Services in writing and signed by Pixel Computer Services.

3.    Prices

(1) Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

(2) Pixel Computer Services reserves the right to modify the prices from time to time.

4.    Delivery, Title and Risk

(1) Any time or date stated for delivery is an estimate only. Pixel Computer Services makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.

(2) If Pixel Computer Services is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Pixel Computer Services in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Pixel Computer Services after the above date but before delivery of the goods or notification from Pixel Computer Services that the goods are ready for delivery.

(3) Pixel Computer Services does not accept liability for shortages or damage to deliveries unless the Customer notifies Pixel Computer Services of the shortage or damage in writing with 7 days of receipt of the delivery.

(4) The Customer has to accept the goods when they are ready for delivery.

(5) If the Customer cannot accept delivery, Pixel Computer Services may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Pixel Computer Services may charge the Customer for the additional delivery costs incurred.

5.    Product Specifications

(1) Pixel Computer Services makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.

(2) If Pixel Computer Services cannot supply the goods ordered by the Customer, Pixel Computer Services reserves the right to offer goods of equal or superior quality at not extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Pixel Computer Services in respect of that order. This shall be the sole remedy of the Customer in these circumstances.

(3) Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect display would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. Pixel Computer Services has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

6.    Trade names and Trade Marks

(1) Trade names and marks (other than Pixel Computer Service's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.

(2) In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Pixel Computer Services the identity of the manufacturer of component it is proposed to purchase.

7.    Warranties and Returns

(1) Pixel Computer Services is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below and in our standard Terms and Conditions.

(2) All goods supplied by Pixel Computer Services are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. All services provided by Pixel Computer Services will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.

(3) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, Pixel Computer Services does not sell products on a trial basis unless explicitly stated in writing. Customers are strongly advised to check suitability and specifications of products before ordering.

(4) In the event that Pixel Computer Services, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with Pixel Computer Service's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to the terms and conditions as stated in our standard Terms and Conditions.

(5) Subject to testing to verify any alleged fault, we will accept the return of defective computer for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.

(a) Pixel Computer Service's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns, Pixel Computer Services, Shillingford, Hadlow Park, Hadlow, Kent, TN11 0HX.

(b) All returned goods must be accompanied by an authorised returns number which can be obtained by contacting your Account Manager on 01732 850 630. Returned goods will not be accepted without an authorised returns number. This number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.

(c) Pixel Computer Services cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.

(d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.

(e) On receipt of the returned product, we will test it to identify the fault you have notified to us.

(f) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.

(g) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.

(h) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.

(i) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

(j) Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Pixel Computer Services will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt. Please note that this period is reduced to 7 days for clearance bargains and NCCR, products as set out in condition 14.

8.    Pixel Computer Service's Liability

(1) Pixel Computer Services shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Pixel Computer Service's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.

(2) Nothing in this agreement shall limit Pixel Computer Service's liability for death or personal injury caused by its negligence.

9.    Health and Safety

(1) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Pixel Computer Services confirms that the goods it supplies as a distributor do not present a hazard to health and safety.

(a) when properly used for the purpose for which they are designed; and

(b) if the Customer takes reasonable and normal precautions in their use.

10.    Force Majeure

(1) Where, in spite of its reasonable efforts, Pixel Computer Services is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

11.    The Consumer Protection (Distance Selling) Regulations 2000

(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Pixel Computer Services website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the regulations').

(2) If the Regulations apply, Customers may cancel goods purchased from Pixel Computer Services by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Pixel Computer Services Limited, Shillingford, Hadlow Park, Hadlow, Kent, TN11 0HX or b or by e-mail to info@pixelsupport.co.uk

(3) The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.

(4) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Pixel Computer Services, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

(5) The Customer is under a duty to retain possession of the goods whilst awaiting return to Pixel Computer Services and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

13.    Errors and Omissions

(1) Pixel Computer Services makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistake will occasionally occur. In the case of a manifest  error or omission, Pixel Computer Services will be entitled to rescind the contract, notwithstanding that is has already accepted the Customer's order and/or received payment from the Customer. Pixel Computer Service's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Pixel Computer Services after the manifest error has been discovered.

(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Pixel Computer Services which is more than 10% less than the price that would have been quoted had the mistake not been made.

14.     General

(1) Nothing in these terms and conditions affects your statutory rights as a consumer.

(2) If an provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

(3) Any waiver of a breach of this Agreement must be in writing

(4) Any variation of the Agreement must be in writing and signed by a duly authorised Pixel Computer Services official.

(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.

(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last know address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting; or (b) upon receipt of a successful fax transmission report; or (c) after system confirmation or e-mail delivery.

(7) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

(8) Pixel Computer Services reserves the right to change or amend these terms and conditions at any time and without prior notice.

(9) These terms and conditions are applicable to all transactions made between the Customer and Pixel Computer Services and are in addition to our standard terms and conditions of supply.