- Format of the contract
- These terms of sale apply to all goods supplied by Aria Technology Limited,
whose registered office is at Aria House, Belle Vue Avenue, Pottery Lane,
Manchester, M12 4AS, (the "Supplier").
- No contract exists between you and the Supplier for the sale of any
goods until the Supplier has received and accepted your order and the
Supplier has received payment in full (in cleared funds). Once the Supplier
does so, there is a binding legal contract between us.
- By way of clarification, an acknowledgement of your order will be sent
to you via e-mail when you place your order, but acceptance of your offer
to buy the goods will not take place until after your payment is taken
and you receive your acceptance e-mail. It is at this point that a binding
legal contract is created and any contract is subject to these Terms and
Conditions.
- The contract is subject to your right of cancellation (see below).
- The Supplier may change these terms of sale without notice to you in
relation to future sales.
- To order goods through the Aria Technology Ltd. Company website you
must be at least 18 years of age. We will treat each order for goods as
an offer by you to purchase the goods subject to these terms and conditions.
- Aria Technology Ltd gives no assurance as to the mutual compatibility
of components sold on any single invoice. It is the responsibility of
the buyer to ensure that the goods purchased are suitable for the purpose
intended. Advice sought by the customer from the Company in this respect
may be given but cannot be relied upon by the customer or guaranteed by
the Company unless the Company has access to the working system and the
ability to carry out a full inspection of any software or operating system.
- Except as may be implied by law where the buyer is dealing as a consumer,
in event of any breach of these Conditions by the Company the remedies
of the buyer shall be limited to damages which shall in no circumstances
exceed the price of the goods and the Company shall under no circumstances
be liable for any indirect, incidental or consequential damages.
- These terms and conditions are subject only to UK law.
- Description and price of the goods
- The description and price of the goods you order will be as shown on
the Supplier's website at the time you place your order.
- The goods are subject to availability. If on receipt of your order the
goods you have ordered are not available in stock, the Supplier will inform
you as soon as possible and refund or re-credit you for any sum that has
been paid by you or debited from your credit card for the goods.
- Every effort is made to ensure that prices shown on the Supplier's website
are accurate at the time you place your order. If an error is found, the
Supplier 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 the Supplier does not receive an order confirmation within 14 days
of informing you of the error, the order will be cancelled automatically.
If you cancel the order, or if the order is cancelled automatically due
to the expiry of the 14 day period, the Supplier will refund or re-credit
you for any sum that has been paid by you or debited from your credit
card for the goods.
- In addition to the price, you may be required to pay a delivery charge
for the goods.
- Super specials are limited to one per order - except for those decribed
as 'multibuy'. As many different multibuy products, and quantities of
multibuy products can be added to the order. However, for those super
special items not labelled as multibuy, the limit of one per order remains.
- Changes to the quantities and stock availabilty of multibuy products
are at the managements discretion.
- Payment
- Payment for the goods and delivery charges can be made by any method
shown on the Supplier's website at the time you place your order. Payment
shall be due before the delivery date, except where agreed otherwise by
the Supplier and time for payment shall be a fundamental term of this
agreement, breach of which shall entitle the Supplier to terminate the
contract immediately.
- There will be no delivery until cleared funds are received , except
in the case of supplies of goods provided on credit terms.
- Payments shall be made by you without any deduction whatsoever unless
you have a valid court order requiring an amount equal to such deduction
to be paid by the Supplier to you.
- Where the Supplier agrees to provide goods on credit terms, the standard
payment terms shall be 30 days from the date of invoice. In the event
that payment is not made by the due date the Supplier reserves the right
to charge interest from the date of invoice at 8% per annum, compounded
monthly.
- The Company reserves the right to levy charges for any of the following
services: Inspection of any piece of computer equipment and installation
/ replacement of either software or hardware - Use of credit / debit cards
or rapid cheque clearance facilities, Diagnosis and testing of any problems
encountered with any piece of hardware or software, Recovery of any hardware
or software problems and backup of any data when requested by the customer.
- Credit notes must be used within six months of the date they are issued.
Any credit notes over six months old are invalid.
- Delivery
- The goods you order will be delivered to the address you give when you
place your order, except that some deliveries are not made outside the
United Kingdom.
- Orders placed before 4.00 pm on a working day will be processed that
day and will be delivered as per the requested delivery option provided
no additional security checks are required and all stock items are available.
(A working day is any day other than weekends and bank or other public
holidays.)
- If delivery cannot be made to your address for reasons under the Supplier's
control the Supplier will inform you as soon as possible.
- If you deliberately fail to take delivery of the goods (otherwise than
by reason of circumstances under control of the Supplier) then without
prejudice to any other right or remedy available to the Supplier , the
Supplier may:
- store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
- sell the goods at the best readily obtainable price and
(after deducting all reasonable storage and selling expenses) account
to you for any excess over the price you agreed to pay for the goods
or charge you for any shortfall below the price you agreed to pay
for the goods.
- If you fail to take delivery because you have cancelled your contract
under the Distance Selling Regulations the Supplier shall refund or re-credit
you within 30 days for any sum that has been paid by you or debited from
your credit card for the goods. On exercising your right to cancel you
shall be required to return the goods to the Supplier. Should you fail
to return the goods, the Supplier reserves the right to deduct any direct
costs incurred by the Supplier in retrieving the goods as a result of
such failure.
- The Company will not accept liability for goods lost in transit unless
we are notified within 5 days from the expected delivery date. This will
be the date advised on the Customers automated despatch note which is
emailed to the Customer once the items have left our warehouse.
- Should you require the goods to be redirected to another address after
the goods have been dispatched you may be required to pay an additional
postage charge.
- Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable
for any loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform you as soon
as possible.
- Upon receipt of your order you will be asked to sign for the goods received
in good condition. If the package does not appear to be in good condition
then please refuse the delivery. If you are unable to check the contents
of your delivery at the point of delivery then please sign for the parcel
as "UNCHECKED". Failure to do so may affect any warranty claims
that you make thereafter.
- Whilst every effort shall be made to keep any delivery date, time of
delivery shall not be of the essence. The Company shall not be liable
for any consequential loss incurred by the buyer or any other person or
company arising directly or indirectly out of any failure to meet any
estimated delivery date.
- Unless otherwise agreed the Company may deliver by instalments and in
such case each instalment shall be treated as a separate contract and
any delay, default or non-delivery in respect of any instalment by the
Company shall not entitle the buyer to cancel the remainder of the Contract
- Delivery charges are calculated by weight and number of packages being
sent. There will also be additional delivery charges for offshore destinations
such as Ireland.
- Any refused deliveries will be returned to the supplier. Upon receipt
of the goods with the supplier a refund will be issued minus 10% of the
value of the order to cover administration costs.
- Risk/Title
- The goods are at your risk from the time of delivery.
- Ownership of the goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums due to it in respect
of:
- the goods, and
- all other sums which are or which become due to the Supplier from
you on any account.
- The Supplier shall be entitled to recover payment for the goods even
though ownership of any of the goods has not passed from the Supplier.
- Title for Business Customers
- If you are a business customer until ownership of the goods has passed
to you, you must:
- store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they
remain readily identifiable as the Supplier's property;
- not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods; maintain the goods in satisfactory condition
and keep them insured on the Supplier's behalf for their full price
against all risks to the reasonable satisfaction of the Supplier.
On request you shall produce the policy of insurance to the Supplier;
and
- hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor
pay the proceeds into an overdrawn bank account.
- If you are a business customer your right to possession of the goods
shall terminate immediately if:
- you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit
of any statutory provision for the time being in force for the relief
of insolvent debtors, or (being a body corporate) convene a meeting
of creditors (whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary liquidation
for the purpose only of reconstruction or amalgamation, or have a
receiver and/or manager, administrator or administrative receiver
appointed of its undertaking or any part thereof, or a resolution
is passed or a petition presented to any court for your winding up
or for the granting of an administration order in respect of you,
or any proceedings are commenced relating to your insolvency or possible
insolvency; or
- you suffer or allow any execution, whether legal or equitable, to
be levied on your property or obtained against you or you are unable
to pay your debts within the meaning of section 123 of the Insolvency
Act 1986 or you cease to trade; or
- you encumber or in any way charge any of the goods.
- For the purposes of these Terms and Conditions, a Business Customer
shall mean any body corporate, educational establishment, hospital, health
authority, governmental or local governmental body or any other organisation
to whom the distance selling regulations apply, or any other customer
for whom a trade account has been granted.
- Business customers are exempt from returning items within 7 days under
the distance selling act.
- Trade customers are liable for all carriage costs.
- In the event that payment is not received within 28 days of the due
date,
- All monies owing to the Supplier shall become immediately payable
to the Supplier irrespective of whether it would have been due under
the previously agreed payment terms.
- The Supplier shall be entitled to charge the Customer the sum of
£50+VAT in respect of a debt collection administration fee.
- Your right of cancellation
- Provided you are not a Business Customer, you have the right to cancel
the contract at any time up to the end of 7 working days after you receive
the goods (see below).
- To exercise your right of cancellation, you must give written notice
to the Supplier by hand, post or via this page , giving details of the
goods ordered and (where appropriate) their delivery. Notification by
phone is not sufficient.
- Except in the case of faulty or misdescribed goods, 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 Supplier at your
own cost. The goods must be returned to the address shown within the Returns
on Line section of the website. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit. In the case of
faulty or misdescribed goods we shall, after receiving notification in
accordance with clause 8.3 or 8.4, either collect the goods from you or
ask you to return the goods yourself and possibly refund you the reasonable
postage costs.
- Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for the goods.
- Except in the case of faulty or misdescribed goods, if you do not return
the goods as required, the Supplier may charge you a sum not exceeding
the direct costs of recovering the goods.
- You do not have the right to cancel the contract if the order is for
computer software which has been unsealed by you, or for consumable goods
which, by their nature, cannot be returned, save where a fault is discovered
which could not have been discovered otherwise than by unsealing the goods.
PC systems are built to customer specifications and the following cancellation
charges apply:
| Stage |
Custom Build and built-to-order |
| Paperwork Stage |
£10 |
| Component Items Picked |
£15 |
| Build has commenced |
£45 |
| Build has been completed |
£55 |
- Once you confirm your order as correct a standard cancellation fee will
be at the expense of the customer.
- An order cancelled in transit will incur the standard cancellation fee
plus additional transit costs at the expense of the customer.
- In the event of an order returned due to non-delivery, the transit costs
will be at the expense of the customer
- Warranty
- All goods supplied by the Supplier are warranted free from defects for
12 months from the date of supply (unless otherwise stated). This warranty
does not affect your statutory rights as a consumer.
- 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, use otherwise than as recommended by the Supplier, failure
to follow the Supplier's instructions, or any alteration or repair carried
out without the Supplier's approval.
- If the goods supplied to you are damaged or any item missing/incomplete
on delivery, you must notify the Supplier within 48 hours.
- If the goods supplied to you develop a defect while under warranty or
you have any other complaint about the goods, you should notify the Supplier
as soon as possible, but in any event within 14 days of the date you discovered
or ought to have discovered the damage, defect or complaint.
- If a product that was faulty at the time of sale is returned to the
retailer, the buyer is legally entitled to:
A full Refund, If this is within 28 days. After this time a replacement
product or credit note (to the value of the replacement) will be offered
- It is the responsibility of the buyer to return and collect goods to
/ from the Company's premises. (See definition for The Company).
- Items purchased from the Bargain Basement or sold at a special price
as end of line or for other reasons that prevent them from being sold
as new are sold with a 30 day warranty only. These items may be second
user, refurbished or discontinued stock. They may be missing drivers,
manuals, cables and accessories. Packaging, if supplied, may not be in
new condition. All items are tested working.
- Any items which are returned under the warranty and are found to be
in a working condition will be charged a testing fee of £10 or 10%
of the value of the goods, whichever is the greater.
- Limitation of Liability
- Subject to 10.II below, if you are a consumer the Supplier shall not
be liable to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by the Supplier or
by its employees or agents;
- such loss or damage is not a reasonably foreseeable result of any
such breach;
- any increase in loss or damage resulting from breach by you of any
term of this contract.
- Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier's negligence
or fraudulent misrepresentation.
- If you are a business customer the Supplier shall not be liable to you
for any indirect or consequential loss or damage (whether for loss of
profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
- Returns Policy
- It is the responsibility of the buyer to return and collect goods to
/ from the Company's premises. (See definition for The Company).
- The goods cannot be returned unless an RMA number has been requested
and obtained from the Company and the package clearly marked on the outside
with this identification.
- It is the customer's responsibility to take reasonable care of the goods
whilst in their possession. If this condition is not met the Company reserves
the right to make a reasonable charge for restocking and resale at a price
that is less than that charged for the goods if sold as new. This charge
will vary according to the condition of the returned goods. This provision
is designed to ensure that returned goods can be sold again as new.
- Computer Systems built to the customer's individual specifications are
exempt from the right to cancel under the Distance Selling Regulations.
- If the buyer properly rejects any of the goods in accordance with the
Distance Selling Regulations within 7 working days in writing, the buyer
shall nonetheless be responsible for the return cost of the goods.
- Non-faulty items returned to our premises complete in the original packaging
together with manuals and software disks within 7 working days of purchase
may obtain a credit note. Goods must be sellable as new in order to qualify
for a credit note. All software must be unused and sealed within the original
packaging. Outside of 7 working days, non faulty items will not be exchanged
or a credit note offered under any circumstances. Full refunds will not
be considered if the goods are damaged in any way and seals broken invalidating
any warranty.
- Aria Technology Ltd gives no assurance as to the mutual compatibility
of components sold on any single invoice. It is the responsibility of
the buyer to ensure that the goods purchased are suitable for the purpose
intended. Advice sought by the customer from the Company in this respect
may be given but cannot be relied upon by the customer or guaranteed by
the Company unless the Company has access to the working system and the
ability to carry out a full inspection of any software or operating system.
- Credit notes must be used within six months of the date they are issued.
Any credit notes over six months old are invalid.
- We will not accept returned software and/or licences under any circumstances.
- Data Protection
- The Supplier will take all reasonable precautions to keep the details
of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information
supplied by you.
- Images
- Product images are for illustrative purposes only and may differ from
the actual product.
|