TEK Express Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
| 1. | FORMATION OF THE CONTRACT |
| 1.1. | These terms of sale apply to all goods supplied by TEK Express, a private limited company registered in England under company number 4053283 and having its registered office at 18 Pelham Court, Crawley, West Sussex, RH11 9SH. |
| 1.2. | No contract exists between you and TEK Express for the sale of any goods until TEK Express has received and accepted your order and sends you confirmation in writing. Once TEK Express does so, there is a binding legal contract between us. |
| 1.3. | The contract is subject to your right of cancellation (see below). |
| 1.4. | TEK Express may change these terms of sale without notice to you in relation to future sales. |
| 2. | DESCRIPTION AND PRICE OF THE GOODS |
| 2.1. | The description and price of the goods you order will be as shown in TEK Expresss current price list at the time you place your order. |
| 2.2. | The goods are subject to availabilty. If on receipt of your order the goods you have ordered are not available in stock, TEK Express will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. |
| 2.3. | Every effort is made to ensure that prices shown in TEK Express’s current price list are accurate at the time you place your order. If an error is found, TEK Express will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, TEK Express will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. |
| 2.4. | In addition to the price, you will be required to pay the delivery charge for the goods as specified in TEK Expresss price list |
| 2.5. | The price of the goods and delivery charges are inclusive of VAT |
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3.
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PAYMENT |
| 3.1. | TEK Express accept most forms of payment but will add the surcharge specified in TEK Express’s price list for payment by credit card. |
| 3.2. | Payment for the goods (including delivery charges and any surcharge) is required at the time you place your order. |
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4.
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DELIVERY |
| 4.1. | The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom. All deliveries/collections have our standard £100 transit liability. If you wish to increase this to £1000.00, there is a £4.00 charge each way. |
| 4.2. | If delivery cannot be made to your address, TEK Express will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery. |
| 4.3. | If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. |
| 4.4. | Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, TEK Express will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, TEK Express will inform you as soon as possible. |
| 4.5. | You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you. If there is physical damage to the delivery, it is your responsibilty to ensure the courier is made aware of this at point of delivery. |
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5.
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YOUR RIGHT OF CANCELLATION |
| 5.1. | You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays. |
| 5.2. | To exercise your right of cancellation, you must give written notice to the TEK Express by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery. |
| 5.3. | If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the TEK Express at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. |
| 5.4. | If and once you have notified TEK Express that you are cancelling the contract, TEK Express will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. |
| 5.5. | If you do not return the goods as required, TEK Express may charge you a sum not exceeding the direct costs of recovering the goods. |
| 5.6. | You do not have the right to cancel the contract if the order is for, or that part of the contract relating to, computer software which has been unsealed by you. |
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6.
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WARRANTY |
| 6.1. | TEK Express will notify you of the applicable warranty for the goods. The warranty period shall run from the date of supply. This warranty does not affect your statutory rights as a consumer. |
| 6.2. | 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, software incorrectly uploaded or corrupted, infection with any virus due to your use or failure to load adequate anti-virus software or use otherwise than as recommended by TEK Express, failure to follow the TEK Express’s or manufacturer instructions, or any alteration or repair carried out without TEK Express’s approval. |
| 6.3. | If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify TEK Express in writing at the address, fax number or email address shown below. Unless otherwise agreed, you will be responsible for the return of defective goods to the address detailed below. |
| 6.4. | If however the goods are sold with a manufacturer’s warranty and develop a defect while under the manufacturer’s warranty, or you have any other complaint about the goods, you should notify the manufacturer. TEK Express will use its reasonable endeavours to assist in a warranty claim or complaint. The warranty however is given by the manufacturer, not TEK Express, and unless otherwise agreed you will be responsible for return of the defective goods to the manufacturer. |
| 7. | LIABILITY |
| 7.1. | If the goods TEK Express deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect specification or quantity, TEK Express shall have no liability to you unless you notify TEK Express in writing at our contact address below of the problem within 14 working days of the delivery of the goods in question. |
| 7.2. | If you do not receive goods ordered by you within 30 days of the date on which you ordered them, TEK Express shall have no liability to you unless you notify TEK Express in writing at our contact address below of the problem within 40 days of the date on which you ordered the goods. |
| 7.3. | If you notify a problem to TEK Express under clause 7, TEK Exprresss only obligation will be, at your option: 7.3.1 to make good any shortage or non-delivery; 7.3.2 to replace or repair any goods that arre damaged or defective; or 7.3.3 to refund to you the amount paid by you for the goods in question in whatever way TEK Express choose. |
| 7.4. | Save as precluded by law, TEK Express will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to TEK Express under this condition and TEK Express shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above. |
| 7.5. | Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit TEK Express’s liability to you for any death or personal injury resulting from TEK Express’s negligence. |
| 7.6. | TEK Express shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond TEK Express’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. |
| 8. | DATA PROTECTION |
| 8.1. | TEK Express will take all reasonable precautions to keep the details of your order and payment secure, but unless TEK Express is negligent, TEK Express will not be liable for unauthorised access to information supplied by you. |
| 8.2. | TEK Express will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to TEK Express at the address, fax number or email address shown below. |
| 9. | INVALIDITY |
| 9.1. | If any part of these terms and conditions is unenforceable (including any provision in which TEK Express exclude liability to you) the enforceability of any other part of these conditions will not be affected. |
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10.
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THIRD PARTY RIGHTS |
| 10.1 | Except for TEK Express’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act |
| 11. | ENTIRE AGREEMENT |
| 11.1. | These terms and conditions, together with TEK Express’s current price list, delivery details, contact details, set out the whole of our agreement relating to the supply of the goods to you by TEK Express. Nothing said by any sales person on TEK Express’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by TEK Express. Save for fraud or fraudulent misrepresentation, TEK Express shall have no liability for any such representation being untrue or misleading. |
| 12. | APPLICABLE LAW |
| 12.1. | These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract. |
TEK Express Contact Details:
Address: 18 Pelham Court, Crawley, West Sussex, RH11 9SH Fax: +44(0) 1293 416413
Email: webenquiries@tekexpress.co.uk
