A. GENERAL
1. All orders shall be subject to these conditions. The acceptance by the Seller of any order from the Buyer shall be deemed to incorporate these conditions and no variation contained in any document of the Buyer shall have any force or effect whatsoever unless the Seller has expressly agreed thereto in writing.
2. Any representation made by or on behalf of the Seller shall not have any force or effect whatsoever unless the Seller has expressly agreed thereto in writing.
3. No order will be deemed to constitute a contract of sale irrespective of the manner of it's transmission to the Seller and until the Goods are dispatched by Seller.
4. All images shown on website are for illustration purposes only. Case design may differ.
5. Delivery is only available to UK addresses only and not overseas. It is the Buyer's responsibility to provide a UK delivery address on all orders via email or other means.
B. PRICES
1. The price payable shall be that ruling at date of dispatch of Goods unless otherwise agreed in writing.
2. Seller reserves the right to revise prices prior to dispatch of Goods should the Seller sustain any direct or indirect increase in costs.
3. If Goods have been paid for in full prior to dispatch no revision in prices may take place without the prior agreement of the Buyer and Seller in writing.
4. Unless varied in writing by the Seller, lists and advertised prices are inclusive of VAT and charges for shipping postage duties carriage etc., shall be for the account of the Buyer unless otherwise stated.
C. DELIVERY
1. Whilst every reasonable effort shall be made to adhere to agreed delivery dates time of delivery shall not be of the essence. Deposits may be refunded if delivery takes longer than 14 working days.
2. Delivery dates are estimates only and seller shall not be liable for any losses, costs, damages or expenses incurred by Buyer or any other person or company howsoever arising, whether directly or indirectly, out of any failure to meet any estimated delivery date.
3. When a deposit is made, the Buyer shall pay the remainder upon delivery or collection, normally within 14 working days. Failure to do so will lead to loss of deposit.
4. Orders may be collected by Buyer upon an agreed date by all parties involved without penalty.
5. Failure to provide a valid UK delivery address to the Seller may incur a 5% merchant banking charge and goods will not be delivered outside the UK.
D. PAYMENT
1. Buyer must pay Seller the full amount of any invoice within the agreed terms. When a deposit is made, this is calculated at 10% of total order inclusive of VAT/delivery expenses if applicable.
2. The time for the performance of the Buyers obligation (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle Seller at its option to treat the Contract as repudiated by Buyer or to delay delivery until Seller is satisfied that the failure has been corrected.
3. If any payment or part thereof is not received by Seller by the due date, Seller shall be entitled to cancel the Contract and keep any part payments.
4. Buyer shall make all payments by cash, cheque, credit/debit card or postal order free and clear of and without any deduction for any set off or counterclaim or, as required by law, any tax or other matter.
E. OWNERSHIP & RISK
1. The ownership of the Goods passing under this contract shall remain with the Seller who reserves the right to dispose of the Goods until payment in full for the said Goods has been received by the Seller.
2. The risk in the Goods for insurance purposes shall pass to the Buyer:-
a) When the Seller delivers the Goods in accordance with the terms of this contract to the Buyer or its agents or other persons to whom the Seller has been authorized by the Buyer to deliver the Goods or
b) If the goods are appropriated to the Buyer but kept at the Sellers premises at the Buyers request the Seller shall have no responsibility in respect to the safety of the Goods thereafter and accordingly the Buyer should insure the Goods thereafter against whatever risk it considers appropriate.
3. If payment due in accordance with the contract is overdue in whole or in part the Seller may without prejudice to any of its other rights recover or resell the Goods or any of them and may enter upon the Buyers premises by its servants or agents for that purpose. The Buyer shall be liable for all the Seller's costs in so doing.
4. Such payment shall become due immediately upon commencement of any act or proceeding in which the Buyer's solvency is involved.
F. CANCELLATION & RETURNS
1. The cancellation of an order by Buyer shall not be effective without the prior consent of Seller and upon any cancellation the Buyer shall pay to the Seller such sum as is reasonable in respect of work done and materials ordered or supplied.
2. No return Goods can be accepted unless a goods return number from Seller by Buyer and is clearly shown on returned parcels.
3. Seller reserves the right to levy a handling and re-stocking charge of 10% on Goods accepted for return if they were ordered in error or are no longer required.
4. Buyer will be liable for the cost of remedying damage to Goods returned where such damage has in the opinion of Seller been caused by Goods being inadequately packaged by Buyer.
5. If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 10 days of receipt. The item must not be used and must be 'as new' when returned to us. Once you have informed us that you wish to return the goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at AGS Cyberlounge Ltd, we will issue a full refund for the product to your original payment method within 14 days. Please note this policy has some limitations to business customers.
G. SUITABILITY
1. Except where the Buyer and Seller have expressly agreed in writing the Buyer is deemed to have satisfied himself as to the suitability of the Goods for which the Buyer requires them and the Buyer so warrants the Seller.
H. SHORTAGES & DAMAGE
1. The Buyer shall inspect the Goods immediately upon delivery.
2. Notification of damage or wrongly shipped Goods or incompletely shipped Goods must be made within 5 days of delivery. Any claim made outside 5 days will not be accepted.
3. Any Goods in respect of which a claim is made shall be preserved by the Buyer intact as delivered and at Buyer's risk for a period of 10 days within which time Seller or its agent shall have the right to inspect the Goods.
4. All original packing must be retained until inspected by Seller or its agents.
J. FORCE MAJEURE
1. Seller will not be under any liability whatsoever in the event of Seller being prevented or delayed from making delivery of Goods by any reason or cause beyond Seller's control.
2. Seller reserves the right to supply alternative Goods if the Goods ordered cannot be reasonably obtained.
K. WARRANTY
1. Warranty is as expressed in Seller's or (in the case of a Third Party supplier) the manufacturer's Terms of Warranty & does not include software. Normally 12 months return to base, parts & labour unless otherwise stated. Warranty may be void if hardware or software upgrades are carried out on the goods by non qualified persons whilst in the care of Buyer.
L. NO WAIVER
1. Seller's failure to insist upon strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of it's rights or remedies or any waiver by it of any subsequent default of the Buyer in the performance or the compliance with any of the terms & conditions.
M. DISPUTE
1. In the event of dispute between Buyer & Seller and should Seller so wish Buyer agrees to submit the dispute to professional Third Party arbitration as a legally binding alternative to court action.
2. These conditions shall be construed and operate in conformity with English law.
AGS Cyberlounge Ltd
9 Station St
Newport
NP20 4AU
United Kingdom
Tel/Fax:- 01633 843198
Email: info@yocyber.com
Web: www.yocyber.com
AGS Cyberlounge Ltd. Terms & Conditions