Website Terms of Sale
These Terms apply to any order for products placed by you, the customer ("you" or "your") through this site ("Order") and will form the basis of any Contract between you and us (see "Our agreement with you" below). Please read these Terms carefully and make sure that you understand them before ordering any Products. By placing an Order for any Products through this site, you agree that you have read and understood the Terms and you agree to be bound by them. If you do not accept any of these Terms, you must not Order any Products from our site.
We may revise these Terms at any time by amending this page. You are expected to check this page when you access the site to take notice of any changes that we have made and to ensure that you understand the terms that apply at that time, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site. If you do not agree to any changes that we have made to the site, you must stop using the site immediately.
1. INFORMATION ABOUT US
1.1 Stormforcegaming.co.uk is operated by CMS Computers Limited ("we", "us" or "our"). We are registered in England and Wales under company number 03236595 and we have our registered office at VIP House, 4 Hardwick Grange, Woolston, Warrington, Cheshire, WA1 4RF. Our VAT number is GB677399956.
1.2 If you have any questions about these Terms or how they might affect you, please contact us at email@example.com.
2. OUR AGREEMENT WITH YOU
2.1 These Terms of Sale apply to all products supplied by us via this site ("Products"). We only accept Orders under these Terms of Sale and they may not be altered or added to without our written agreement.
2.2 You will have an opportunity to check and correct any input errors in your Order up until the point at which you submit your Order by clicking the "confirm order" button on the "checkout" page.
2.3 After you place an Order, you will receive an automatic e-mail from us acknowledging that we have received the Order ("Order Confirmation Email"). However, this does not mean that we have accepted your Order. We will confirm that we have accepted your Order by sending you an e-mail which confirms that the Products have been dispatched ("Dispatch Confirmation") within which we issue you with an invoice in respect of your Order ("Invoice Confirmation"). Once you have received the Dispatch Confirmation/Invoice Confirmation, your Order has been accepted and there is a binding contract between you and us ("Contract").
3. WHO CAN PURCHASE PRODUCTS?
3.1 This site is directed at customers who access it from the UK and as such nothing in these Terms of Sale affects their statutory rights, either as consumers or otherwise. We do not accept Orders from individuals outside the UK.
4. PRODUCT PRICES AND DESCRIPTION
4.1 The description and the price of each Product will be as shown in GBP sterling on the site at the time that you place your Order (unless there has been an obvious mistake).
4.2 We reserve the right to vary the price of a Product at any time before the Contract becomes binding on us. Whilst we try to ensure that all our descriptions and prices are accurate and kept up to date, errors may occur. If we discover an error in the price or description of the Products you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your Order or cancelling it in exchange for a full refund (see Cancellations and returns).
4.3 We may require you to pay a charge for the delivery of the Products in addition to the price and, if applicable, this charge will be quoted to you at the time you place your Order for the Products (see Delivery Information).
4.4 The price of the Products and any delivery charges are inclusive of VAT unless VAT is shown as a separate element.
4.5 Prices and delivery charges displayed or otherwise communicated are valid and effective only in Great Britain.
4.6 We accept orders for Products subject to availability. If on receipt of your Order, the Products you have ordered are not available, either in stock or by special order, we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will cancel the Product from your Order and refund or credit you for any sum that has been paid by you for the Products.
4.7 Whilst we try to maintain continuity of supply in relation to all of our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future.
4.8 Whilst we take every precaution in the preparation of the information and commentary on our site, this information is for your general guidance only and does not form part of the Contract (in the absence of fraud on our part).
5. PAYMENT FOR THE PRODUCTS
5.1 You can pay for the Products and any delivery charges by any method shown on this site or which are notified to you at the time that you place your Order.
5.2 You must pay for the Products in advance at the time that you place your Order.
5.3 When you place your Order we validate the card details you have supplied. Receipt and validation of your card details does not constitute our acceptance of your Order. Once we have checked availability of the Products in your Order, we contact your card issuer for authorisation of the relevant amount. Upon receiving authorisation we issue you with our invoice and take the money from your account. Acceptance of your Order occurs and the Contract between us is formed at the point we issue you with an invoice. Payment by credit or debit card will not be effective until we are in receipt of cleared funds.
6.1 Please see our Delivery Information for more detail about our various delivery options.
6.2 Your Order will be delivered by the estimated delivery date set out in our Dispatch Confirmation unless there is an Event Beyond our Control.
6.3 If we are unable to make an agreed delivery to your address for reasons due to our own fault, we will inform you as soon as possible and arrange another date for delivery or, if we are unable to deliver to the address at all, we will refund or credit you for any sum that has been paid by you for the Products.
6.4 [If there is no one at the address you have given who is competent (and over the age of 18 years) to accept delivery of the Products by signing for them, we will seek to agree an alternative delivery date with you or agree for you to collect the Products. ] We reserve the right to make an additional charge for re-delivery and you will be informed of the amount at the time we arrange an alternative delivery date.
6.5 Unfortunately, we do not deliver to addresses outside the UK.
7. CANCELLATIONS AND RETURNS
7.1 You have the right to cancel any Order or a Contract for any reason within 14 days of the date that the relevant Products are delivered to you. However, please note that this does not apply to:
7.1.1 bespoke Products, or Products that have been clearly personalised; or
7.1.2 Products that are likely to deteriorate or expire rapidly.
7.2 To cancel an Order or a Contract, please contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Stormforce Gaming, VIP House, 4 Hardwick Grange, Woolston, Warrington, Cheshire WA1 4RF. Alternatively, please contact our Customer Services telephone line 01925 287008. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e mail or by post, then your cancellation will be effective from the date that you sent us the e mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation will be effective from the date you telephone us.
7.3 If you cancel a Contract after the Products have been delivered to you, then you must return the Products to us in accordance with our Returns Procedure.
7.4 If you return Products to us that are not faulty or were not supplied in error, then, provided that you cancelled the relevant Contract within 14 days of delivery, we will reimburse you for the price that you paid for the Products, plus the amount that you paid for delivery, but only up to the cost of the least expensive delivery option that we generally offer (see Delivery Information). If you selected a more expensive form of delivery (e.g. next day delivery), then we are not obliged to reimburse you for the additional cost of this type of delivery.
7.5 If you believe that a Product is faulty or was supplied in error, then you should return the Product to us in accordance with our Returns Procedure. If the Product is faulty or was supplied in error, then we will refund the price of the Products in full, along with any applicable delivery charges that you paid, as well as any reasonable costs that you incur in returning the items to us in accordance with our Returns Procedure.
7.6 If we collect Products from you, then we will reimburse any sums due to you within 14 days of the date on which you notified us that you wished to cancel the relevant Contract. In all other situations, we will reimburse you within 14 days after:
7.6.1 the day on which we receive the Products once they have been returned to us; or
7.6.2 the day on which you provide us with evidence that the Products have been sent back to us.
7.7 We will reimburse you using the same means of payment that you used to pay for the Products, unless we have agreed alternative arrangements with you.
7.8 Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession and we will not accept any liability for their loss, damage or destruction after they have been delivered to you. If the value of the Products has been reduced as a result of your handling of the Products (beyond what is reasonably necessary for you to establish the nature or functions of the Products), then we may recover the reduction in value from you, either by deducting this amount from any refund due to you, or by requesting payment directly from you.
7.9 If you return a single item bought as part of a multi-buy discount offer (e.g. "Buy 2 for £20.00") you will be refunded the full price of that item less the total discount given in the offer. If you return all items purchased with the multi-buy discount you will be refunded with the full multi-buy value.
7.10 For combination purchases (e.g. "buy one, get one free" or "get the lowest priced item free") you must return any free items back for us to process a refund.
7.11 Please note that, as a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our returns policy described in these Terms of Sale.
7.12 When returning Products to us you should ensure:
7.12.1 Products are not damaged or degraded by you;
7.12.2 Products are returned with their original packaging;
7.12.3 You return Products to the address notified by us to you.
If the Products in your Order do not arrive within the advised delivery period, please contact our Customer Services team by sending an email to email@example.com or by telephoning 01925 287008 quoting the reference number shown in the Order Confirmation Email or invoice.
9. MANUFACTURER'S GUARANTEES
Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
10. ADDITIONAL GUARANTEES
10.1 Where offered as part of the Product by us and selected by you, certain Products may come with additional guarantees. Please note that the below will not cover damage to Products caused by or relating to:
10.1.1 Unreasonable user behavior in handling the Product; or
10.1.2 Use of third party components with the Products which have not been "StormForce Approved". Further details in relation to "StormForce Approved" products are available on the website.
10.2 These warranties are as described below:
10.3 Return to Base
Where offered by us as part of a Product description, you shall receive the benefit of our "Return to Base" warranty which shall give you the right to return the Product to one of our sites (as we notify to you from time to time) at your cost. We shall endeavor to repair the Product and return it to you free of charge. Unless otherwise agreed between the parties, this return to base warranty shall be available to you to use for up to twelve months following purchase of the relevant Product.
10.4 On Site Warranty
Where offered by us as part of a Product description, you shall receive the benefit of our "On Site" warranty which shall give you the right to request that we run a remote diagnostics tool on the Product and to discuss your issue with one of our telephone based engineers. If our telephone based engineers cannot resolve the issue then they will escalate the matter accordingly.
You acknowledge and agree that in running remote diagnostics, test result files may provided to us and may be shared with third parties in order to diagnose and seek to resolve identified issues.
11. OUR LIABILITY
11.1 Subject to the rest of this clause, our liability shall be limited to an amount equal to the value of your order.
11.2 If we fail to comply with these Terms of Sale, we will be responsible for any loss or damage that you suffer that is a foreseeable result of our breach of the Contract between you and us, or for our negligence, but we will not be responsible for any loss or damage that is not foreseeable. For this purpose, loss or damage will be "foreseeable" if it was an obvious consequence of our breach, or if it was contemplated by both you and us at the time that we entered into the Contract.
Where this site contains links to other websites and resources provided by third-parties, these are provided for your information only. Such links should not be interpreted as approval by us of these linked websites or information you may obtain from them. We accept no liability for any information or content contained in external web pages in which are linked to this site. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity;
· any liability, whether in contract, tort (including negligence) breach of statutory duty or otherwise, even if foreseeable, for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use, or which results from the use of our site, any websites linked to it and any materials posted on it;
· any liability whether in contract, tort (including negligence) breach of statutory duty or otherwise, even if foreseeable, for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of business opportunity, goodwill or reputation;
· wasted management or office time; and
· any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the Terms of Sale implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 any breach of the Terms of Sale implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5 defective products under the Consumer Protection Act 1987.
11.4 We will not be liable for any death, or personal injury to you or anyone under your control that was not caused by our negligence.
11.5 By using the site, you agree that the exclusions and restrictions of liability contained in the Terms are considered reasonable by you
12. OWNERSHIP IN THE PRODUCTS
Ownership of the Products will pass to you on the later of us having received payment in full for the Products (in cash or cleared funds) or delivery of the Products to you.
13. DATA PROTECTION
By placing an Order you consent to such processing and you warrant that all data provided by you is accurate.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any delay or failure to perform our obligations under a Contract with you that is caused by an Event Outside Our Control. For this purpose, an "Event Outside Our Control" is as any act or event beyond our reasonable control, or that of our appointed suppliers or carriers from time to time, including (without limitation) strikes or industrial action, civil commotion, riots, terrorist attacks or threats of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, a failure of a public or private telecommunications networks, or the impossibility of using any railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations:
14.2.1 we will contact you as soon as reasonably possible to notify you; and
14.2.2 we reserve the right to defer the date of delivery or to cancel our Contract with you, or, with your consent (not to be unreasonably withheld or delayed), reduce the number of Products ordered by you (without liability to you).
14.3 If an Event Outside Our Control continues for a continuous period in excess of 30 days and affects the performance of our obligations under a Contract with you, then you shall be entitled to terminate the Contract by giving 14 days prior written notice and you shall be entitled to a refund in respect of any Products not delivered to you.
15.1 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms of Sale.
15.2 You may only transfer your rights or obligations under these Terms of Sale to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any Product warranties to the recipient of the gift without needing to ask for our consent.
15.3 We will always try to resolve any complaints or disputes quickly and amicably. However, if there is any need to pursue a dispute more formally, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over the matter. Nonetheless, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.4 If we fail to insist that you perform any of your obligations under our Contract with you, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 Each of the provisions contained in these Terms shall be construed as being independent of every other and if any provision in the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the limitations on liability, such determination shall not affect the validity of the remainder of the Terms which shall continue in effect with the invalid provision deemed deleted.
15.6 Any reference in these Terms of Sale to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
15.7 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
15.8 Nothing in these Terms of Sale or the Contract is intended to or will create any benefit for or right to enforce any of the terms of the Contract to any third party.
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