Terms & Conditions

General

  1. The owner of this web site is PSS Limited whose address is Preston, PR1 9TP UK. (‘Videocardshop.co.uk’/‘we’ /‘us’/‘our’). Registration number 3982631.
  2. Your contract for purchases made through the Site is with Videocardshop.co.uk, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
  3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
  4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  5. No contract for the sale of any product will subsist between you and Videocardshop.co.uk until Videocardshop.co.uk dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Videocardshop.co.uk of your offer to buy goods from Videocardshop.co.uk or a third party supplier that is engaged on your behalf by Videocardshop.co.uk (whether or not you receive that e-mail).
  6. You agree that e-mail can be used as a long-distance means of communication.
  7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
  8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 59 below from time to time.
  9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
  10. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
  11. You undertake that all details you provide to Videocardshop.co.uk for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
  12. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
  13. If there are any changes to the details supplied by you it is your responsibility to inform Videocardshop.co.uk as soon as possible.
  14. You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on your account page on the website. We can also accept cancellations by telephoning 0844 811 7370 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
    1. sending the notice of cancellation by email to cs@Videocardshop.co.uk ensuring that you quote your name, address and order reference number; or
    2. where you have already received the goods, returning the goods to Videocardshop.co.uk unopened together with the original invoice. Videocardshop.co.uk will refund you the purchase price of the goods.
  15. Once Videocardshop.co.uk receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Videocardshop.co.uk from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Videocardshop.co.uk in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Videocardshop.co.uk.
  16. At its sole discretion, Videocardshop.co.uk reserves the right to make up to a £10 restocking charge to cover any goods which are not returned in mint condition or to refuse to accept such goods, and also to cover the Admin and Testing costs incurred for any item which is not faulty. Videocardshop.co.uk also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

Liability

  1. This section applies only to the extent permitted by law. For the avoidance of doubt, Videocardshop.co.uk do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Videocardshop.co.uk’s negligence or wilful default, or that of Videocardshop.co.uk's employees, agents or subcontractors or (b) fraudulent misrepresentation.
  2. Videocardshop.co.uk does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
  3. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
  4. Videocardshop.co.uk will do its best to correct errors and omissions as quickly as practicable after being notified of them.
  5. TO THE FULLEST EXTENT PERMITTED BY LAW, VIDEOCARDSHOP.CO.UK IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, VIDEOCARDSHOP.CO.UK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
  6. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Videocardshop.co.uk shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Videocardshop.co.uk of the problem in writing at the address stated in the confirmation e-mail within 7 days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
  7. You and Videocardshop.co.uk will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
  8. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Videocardshop.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Videocardshop.co.uk.
  9. All new products are covered by a twelve month warranty. If your product develops a fault while under warranty, please contact Videocardshop.co.uk and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant service centre.

B2B Sales

  1. Subject to the conditions set out in this clause, below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship (fair wear and tear excepted) for a period of twelve months from the date of delivery unless specifically stated on the quote.
  2. The above warranty is given by the Seller subject to the following conditions:
  3. the Seller shall be under no liability in respect of any defect in the Goods arising from any alteration in, or new, specifications (including, without limitation drawing or design ) supplied or required by the Buyer;
  4. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller's approval;
  5. the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
  6. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  7. The Buyer confirms and warrants to the Seller that the Buyer is buying the Goods for the purpose of and in connection with the Buyer’s business and is not dealing as a private individual consumer and that the Order does not constitute a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976.
  8. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 5 Days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time (not exceeding 10 Days) after discovery of the defect or failure. In the case of goods to be delivered otherwise than at the Seller's premises, any damage which is apparent at the time of delivery must be confirmed in Writing, at the time of delivery, by the person taking delivery of the goods. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in Standard Terms and Conditions for the sale of goods accordance with the Contract.
  9. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, give credit to the buyer to use with the seller or, at the Seller's sole discretion, refund to the Buyer the price of the Goods, or current value of the goods or (a proportionate part of the price based upon usage), but the Seller shall have no further liability to the Buyer.
  10. In respect of any claim pursuant to this clause the Seller must be given a reasonable opportunity of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s place of business at the Buyer’s cost.
  11. Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
  12. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
  13. Act of God, explosion, flood, tempest, fire or accident;
  14. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  15. acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  16. import or export regulations or embargoes;
  17. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
  18. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
  19. power failure or breakdown in machinery;
  20. any foreign exchange fluctuation;
  21. currency regulations;
  22. Buyer’s alteration of the Order; and
  23. significant increase in the costs of labour, materials or other costs of manufacture

Miscellaneous

  1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
  3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
  4. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
  5. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
  6. Subject to the licence granted to you to use the Site, Videocardshop.co.uk reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Videocardshop.co.uk and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Videocardshop.co.uk and its affiliates, as appropriate.
  7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Videocardshop.co.uk tracks the electronic ‘fingerprints’ of every order placed on Videocardshop.co.uk to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
  8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
    1. you fail to make any payment to us when due;
    2. you breach the terms of this Agreement (repeatedly or otherwise);
    3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
    4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site;
  9. Videocardshop.co.uk may amend these Terms from time to time, and place the new version on the Site. When Videocardshop.co.uk do so, it will mention the fact on our home page (www.Videocardshop.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Videocardshop.co.uk’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
  10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Videocardshop.co.uk and you relating to your purchase. Videocardshop.co.uk advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Videocardshop.co.uk. We will store a copy of the contract entered into by you with Videocardshop.co.uk. You are advised to read (and are responsible for reading) fully all information on this website.
  11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
  12. These Terms are subject to the laws and exclusive jurisdiction of United Kingdom.
  1. Updated: 23/06/2012

 

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