These terms of sale (terms and conditions) apply to all goods supplied by Velo Systems Limited whose registered office is at 2 Belle Vue Avenue, Pottery Lane, Manchester M12 4AS (VAT No 721 9292 34) (references to "we", "our" "us" etc refer to Velo Systems Limited and associated companies in the group, where appropriate).
In addition, by ordering from us, you accept, without limitation or qualification, these terms and conditions which regulate use of the site, as well as issues related to purchasing goods. We may update these terms and conditions at any time and any changes will enter into effect immediately on publication on the websites www.aria.co.uk (“the Website”).
GENERAL LEGAL TERMS
- Changes to the Terms and Conditions: We may alter or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to accept the latest version of the Terms and Conditions when you buy our goods or services.
- Entire Agreement: This Agreement constitutes the entire agreement between you and us. No other terms, whether expressed or implied, shall form part of this Agreement. In the event of any conflict between these terms and conditions and any other term or provision, these terms and conditions shall prevail.
- Invalidity: If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- Jurisdiction and English Law: These terms and conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
- Delays: No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- Rights of Third Parties: It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
- Working day: A working day is any day other than weekends and bank or other public holidays.
- Business/Trade Customer: shall mean any body corporate, educational establishment, hospital, health authority, governmental or local governmental body or any other organisation to whom the Consumer Contracts Regulations do not apply, or any other customer for whom a trade account has been granted, or any order which if it is paid via business bank account or business debit/credit card, or a company address or purchase order number has been used.
- We are required by law to inform you that purchases can be conducted in English only and that no public filing requirements apply
1 ORDERING FROM US/BASIS OF CONTRACT
1.1 When you order goods and/or services from us, and we accept your order, you are entering into a contract with us for the purchase of the goods and/or the performance of the services. You must take particular care when providing us with your details to ensure that these are accurate and complete at the time of ordering. We will not be liable to remedy the results of any mistakes made when you enter personal details, such as address.
1.2 Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email confirming your order (the Order Confirmation). If the goods are not available we will contact you by telephone or email and offer you an alternative product or the option of cancelling your order.
1.3 Goods and services purchased from us are intended for your use only and you warrant that any goods purchased by you are not for resale, unless you are registered as a re-seller with us. You warrant that you have the necessary skills for using the products purchased and, where appropriate, for building your own PC. We shall not be responsible for any damage that may result from unskilled PC-building or other use of products purchased from us.
1.4 When ordering from us you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
1.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
1.6 The description and price of goods you order will be as shown on our website at the time you place your order (unless we have made an error, as described in the Prices and Description section below).
1.67 After placing an order, you will receive an email from us acknowledging that we have received your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation (and, as stated above, performance will be subject to product availability and to other clauses in these terms and conditions). This despatch email constitutes a formal acceptance of your order by us; both us as the seller and you as the buyer are obliged to fulfil these obligations under that binding contract. If you have opted to collect your purchase from our premises, information will be provided as to when you can collect this purchase.
1.7 The Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
1.8 Both parties agree that neither you nor us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract. Nothing in this clause shall operate to exclude or limit liability for fraud or fraudulent misrepresentation.
2 PRICES AND DESCRIPTION
2.1 All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges.
2.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation (however, see below as regards price errors).
2.3 The total price for goods or services ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by credit or debit card, payment will be taken at the time of placing your order and not when the order is dispatched.
2.4 Where payment is made by cheque or bank transfer, we shall not dispatch any goods until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.
2.5 Where an order is made using finance to pay for goods, delivery must take place to the address given on the finance application.
2.6 Our Website contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our Website may be incorrectly priced. We are under no obligation to provide any product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled.
2.7 If an error in our pricing is found, we will'll inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not confirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
2.8 Any images, drawings, descriptions, adverts and similar, which do not form part of the Specification, whether on our website or otherwise made available to you by us (a Product Description), are provided for illustrative purposes only. There may be errors in the Product Description and you should not rely on it when placing an order. The Contract is not a sale by description and any Product Description or other information which does not form part of the Specification will not form part of the Contract. If an error has been made in the description of a product we may need to inform you of this and it may be necessary to cancel your order, unless you wish to purchase the product once you have been informed of the amended description. In addition, we cannot guarantee that the appearance of an item on your particular computer monitor or device will accurately reflect the exact appearance of the product.
2.9 In some cases it may be necessary for us to perform additional security checks which will involve us requesting further information from you in order to perform CNP (cardholder not present) checks on payments received for the purpose of avoiding fraud. This is in the interest of all card holders. If you are unable to provide further information upon request, the order may be cancelled or the delivery address amended to the registered card address, at our discretion. In the unlikely event that we identify a transaction as potentially being fraudulent, we may have to cancel your order even though you have received an Order Confirmation. We will not be liable for any consequences of delay or cancellation related to this procedure.
2.10 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible and offer an alternative or a and refund/re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.11 Super specials are limited to one per order - except for those described 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.
3.1 Payment for the goods and delivery charges can be made by any method shown on the website at the time you place your order. Payment shall be due before the order is despatcheddelivery date, except for business customers where agreed otherwise by the us and time for payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.
3.2 We reserve 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.
3.3 Credit notes must be used within six months of the date they are issued. Any credit notes over six months old will be voided and deemed unusable. of the date they are issued. Any credit notes over six months old are invalid.
4.1 Promotions, such as game codes, vouchers, free items and cashbacksrebates are subject to availability. Promotions can be terminated at any time and without notice. Business customers will be exempt from claiming any cashback offer.
4.2 Cashback claims for consumers will be limited to 1 per order maximum of 3 orders per qualifying cashback product. Claims for cashback should be made 30 calendar days after the qualifying purchase and before 45 calendar days after the purchase.
4.32 We will endeavour to honour all promotions but we cannot be held liable where promotions expire, are discontinued, terminated or unavailable.
4.43 In rare circumstances promotions may expire after the point of ordering and before the order is dispatched to you. We cannot be held responsible in these circumstances.
4.54 Promotions (excluding cashbacks) have no cash value/alternative.
5.1 The products will be at your risk from the time of delivery.
5.2 If you have selected an "Express" option at the time of placing your order we will endeavour to dispatch your order within the specified Express timeframe. The Express service is not guaranteed and if we are unable to dispatch your goods within this timeframe the service will automatically be downgraded to the next available service level and any cost difference refunded. The Express service will start from the time we receive cleared payment/confirmation to process your order from our finance company or when we have completed any additional security checks which are deemed necessary (whichever is later)(or confirmation to process your order from our finance company) and we will send you a notification that your order is being processed. The Express service will be seen as complete once the order is dispatched by us.
5.3 If you order products from our us Website for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.4 Please note that goods may be subject to inspection by your local customs office where delivery is outside the UK.
5.5 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.)
5.6 If you fail to take delivery because you have cancelled your contract under the Consumer Contracts Regulations the we shall refund or re-credit you within 30 days for any sum that has been paid by you.
5.7 Whilst every effort shall be made to meet any delivery date, time of delivery shall not be of the essence. We shall not be liable for any consequential loss incurred by you or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
5.8 Any refused deliveries will be returned us. Upon receipt of the goods by us a refund will be issued minus 10% of the value of the order to cover administration costs.
5.9 All orders have to be delivered to the address specified and our courier will have to obtain a signature. Orders cannot be left in a safe place, delivered to a neighbour, collected from a depot or any other option other than the address as per the original order. This must be taken into account when placing your order.
5.10 In the event that your order is damaged on delivery you should either refuse the delivery or sign for the goods as DAMAGED. You should take photographic evidence of the packaging, unboxing and the goods and contact us immediately.
5.11 In the event of mispicked products or products received in error, you must report such error within 72 hours (24 hours for business customers) of delivery and provide details of the items you have received incorrectly.
5.12 In the case of non-delivery or shortage of goods against those ordered, report such shortage or non delivery within 72 hours (24 hours for business customers) of the expected time of delivery
6 CONSUMER RISK/TITLE
6.1 The goods are at your risk from the time of delivery.
6.2 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
- the goods, and
6.3 We shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us to you.
6 BUSINESS CUSTOMERS RISK/TITLE
6.4 The goods are at your risk from the time of delivery, however title to the Products shall not pass to you until:
(a) we receive in full all sums due in respect of the Products and all other sums which are due, and have become payable (including sums payable in respect of other contracts between you and us, interest, handling charges and any damages due), in which case title shall pass at the time of payment of all such sums; or, if earlier
(b) you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 6.6.
6.5 Subject to clause 6.7, until title to the Products has passed to you, you shall:
(a) store the Products separately from all other products you hold so that they remain identifiable as our Products;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if you become subject to any of the events listed in clause 14.2; and
(e) give us such information relating to the Products as we request from time to time.
6.6 Subject to clause 6.7, you may resell or use the Products in the ordinary course of your business (but not otherwise) before we receive payment for the Products. However, if you resell the Products before that time:
(a) you do so as principal and not as our agent; and
(b) title to the specific Products resold shall pass from us to you immediately before the time at which the resale by you occurs.
6.7 If, before title to the Products passes to you, you become subject to any of the events listed in clause 14.2 then, without limiting any other right or remedy we may have:
(a) your right to resell the Products or use them in the ordinary course of business ceases i mmediately; and
(b) we may, at any time:
(i) require you to deliver up all Products in your possession which have not been resold, or irrevocably incorporated into another product; and
(ii) if you fail to do so promptly, enter any of your premises, or the premises of any third party where the Products are stored in order to recover them and you shall be deemed to have granted us a licence to do so.
6.4 If you are a business customer until ownership of the goods has passed to you, you must:
- store the goods (at no cost to us) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
6.5 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
6.6 For the purposes of these Terms and Conditions, a Business/Trade Customer/Company shall mean any body corporate, educational establishment, hospital, health authority, governmental or local governmental body or any other organisation to whom the Customer Contracts Regulations apply, or any other customer for whom a trade account has been granted, or any order which if it is paid via business bank account or business debit/credit card, or a company address or purchase order number has been used..
6.7 Trade customers are liable for all carriage costs.
6.8 In the event that payment is not received within 28 days of the due date,
- All monies owing to us shall become immediately payable to us irrespective of whether it would have been due under the previously agreed payment terms.
7 CANCELLATION AND CONSUMER RETURNS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 calendar days, beginning on the day after you received the product(s). However on certain products we may allow you to cancel within 31 days beginning on the day you received the product(s) as long as the product is unopened and can be restocked as new. This extended cancellation is at our absolute discretion and we are in no way bound to accept any cancellations after the statutory 14 days. You must notify us via email/letter and quote your order number in any communication. Notification by telephone is not sufficient.
7.2 If you are contracting as a Business/Trade customer, this clause 7.1 does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit/credit card, or a company address or purchase order number has been used.
7.3 You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession.
7.4 If required we can arrange collection using our courier, who can collect from most areas of the UK. You will be responsible for the cost for collection. We do not offer a collection service for product(s) delivered outside the UK or to the Channel Islands.
7.5 The supply of services (namely an Express/priority build service - if ordered) will not be refunded because this service contract will have been fully completed within the cancellation period.
7.6 Once the cancelled products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer, within 14 days, for the full amount paid, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
7.7 Except in the case of faulty or misdescribed goods, if you do not return the goods in the required manner, as described above, we may charge you a sum not exceeding the direct costs of collecting the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals. If you fail to comply with this obligation, we may have a right of action against you for compensation. If some parts are missing, we may be unable to accept the return or may make a deduction for missing parts.
7.8 Software or consumable goods that have been unsealed or activated do not have the right of cancellation and will not be refunded. Please see section 28(3)(b) of the Consumer Contracts Regulations 2013 for further information.
7.9.1 Items should be returned unused and in original condition (as it was received by you) with proof of purchase. Original Condition means: that you have kept all original packaging and labels and the product can be resold at full price; you haven't used the product; the product contains no personal data and isn't registered to a user. We reserve the right to reject the return of items which are used or which are not in Original Condition.
7.9.2 Items returned under Consumer Contracts Regulations that have had their value decreased by the customer's excessive handling will be subject to a 25% restocking fee. Consumer Contracts Regulations deem excessive handling as the sort of handling that goes beyond the sort of handling that might reasonably be allowed in a shop prior to the sale.When returning goods under the 14 day cooling off period, if the goods are not in a saleable condition or if the goods have been unnecessarily handled we reserve the right to charge a restocking fee of 25%. This will be deducted from any refund/credit note due to you.
7.10 A full statement of your legal rights under The Consumer Contracts Regulations 2013 may be obtained in the UK from your local Citizens Advice Bureau or Trading Standards Office.
7.11 If the goods supplied to you appear to have been damaged before receipt by you, or the order is incomplete then you should notify us via email within 72 hours of receipt. Failure to notify us within 72 hours of receipt will result in the determination that any physical damage or items missing occurred whilst in your care.
7.12 If you suspect that the goods are faulty, and wish to return them, you must contact us within 72 hours of discovering the fault and submit an RMA (Return Material Authorisation) request. We may make suggestions that could resolve any issues or may suggest that you return the product to us for inspection. In the event of a return, we will examine the returned product and, if you are entitled, we will notify you of your options. We will usually process your repair, replacement, refund or credit note as soon as possible and, in any case, within 30 days.
7.13 For refunds/credit notes, we will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any goods supplied, or, if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. For items that are over 12 months old we have the right to make a deduction for the time you have had and used the product.
7.14 For any returns due to damage or suspected faults for orders delivered in the UK, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision or required by law. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging (see 7.18). We do not offer a collection service for orders delivered outside of the UK, including the Channel Islands.
7.15 Peripheral items (any item that is not a computer or laptop) must be returned to us using your own delivery method. We will not arrange for collection of any peripheral items within the first month after receipt or at any time after this date. We suggest that you use an insured method as we will not be liable for any items that are lost or damaged in transit to us.
7.15 Where collections are arranged by us, you still have a duty of care to ensure the products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be ordered from us. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
7.17 When you return goods using your own delivery method within the UK, where goods are found to be defective we will refund reasonable delivery costs (upto a maximum of £10.00). Therefore, you may wish to check with us before arranging delivery whether we consider the cost quoted to be reasonable. This will only be refunded upon the receipt of proof of the carriage costs. We recommend you return your goods by using a trackable service that provides insurance as we will not be liable for any items lost in transit or damaged in transit
7.18 If on return your goods are found to be in working order, a no fault found fee will be charged before the item will be returned to you. This will be either £10 or 10% of the sale value of the item, whichever value is highest. You will also be expected to arrange for the goods to be returned to you at your own expense. If these products are not paid for or not collected within 3 months of us notifying you then we will arrange for the product to be disposed off, we will not be held liable should you contact us after this time for your product.
7.19 Items returned under Consumer Contracts Regulations that have had their value decreased by the customer's excessive handling will be subject to a 25% restocking fee. Consumer Contracts Regulations deem excessive handling as the sort of handling that goes beyond the sort of handling that might reasonably be allowed in a shop.
7.19.1 Computer Systems built to the customer's individual specifications are exempt from the right to cancel under Consumer Contracts Regulations.
7.19.2 Velo Systems 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 us in this respect may be given but cannot be relied upon by the customer or guaranteed by us unless we have access to the working system and the ability to carry out a full inspection of any software or operating system.
7 RETURNS FOR BUSINESS CUSTOMERS
7.20 If the goods supplied to you appear to have been damaged before receipt by you, or the order is incomplete then you should notify us via email within 24 hours of receipt. Failure to notify us within 24 hours of receipt will result in the determination that any physical damage or items missing occurred whilst in your care.
7.21 Any orders by or on behalf of a business cannot be cancelled once they have been placed.
7.22 In addition to your rights in respect of Defective Products and Non-conforming Products, we allow you to return some Products without providing a reason. Please contact us for more information (including on which Products we allow you to return and the time limits for return). This is a discretionary right and not all Products carry the right to return.
7.23 Except where you have a right to return a Defective Product or Non-conforming Product, we will not accept any returns unless they are notified to us in writing by email or through the online returns facility on our website within the time period specified for that particular Product (available on request). You will need to provide details of the Product you wish to return, the invoice number and date(Returns Notification). We will accept or deny the return in writing within 10 Working Days of receiving the Returns Notification and, where we accept the return, we shall provide a returns authorisation number.
7.24 Authorisation to return hardware Products will only be granted by us if the Product is complete with all its accessories, cables and manuals and is in an unused, brand new condition in its original, undamaged packaging. Authorisation to return software Products will only be granted where the software is unopened and sealed in its original, undamaged packaging.
7.25 Except where a Product is a Defective Product or Non-conforming Product, you will have no right to return a Product which you have resold.
7.26 Where we have authorised you to return a Product which is not Defective or NonConforming then the Product must be returned (at your cost), marked with the returns authorisation number, within 10 Working Days of the date we send such authorisation. You will remain liable for the Products until they are received by us.
7.27 We will only provide a credit note for Products returned under clause 7.25 if the following conditions are complied with:
(a) the Products returned are in their original inner and outer packaging and none of the packaging shall have been written upon or been defaced or taped or had permanent labels attached;
(b) the Products returned are in otherwise satisfactory and pristine condition and may be re-sold at the same market price
(c) in the case of computer consumable Products, the outer seal has not been tampered with in any way. If you return such product(s) as faulty,you will only be granted a credit note if the manufacturer of such product(s) accepts that the product has not been misused, over loaded, incorrectly installed or incorrectly stored. In certain circumstances, a faulty product evaluation form, or other information requested by the manufacturer will be required from you before a credit not can be provided.
(d) Products must be packed appropriately for transport and you will be responsible for any damage to the Product or its packaging which occur in transit. Any damage during transit may result in no credit note being provided.
(e) Where returned Products are not in acceptable condition or do not conform to the requirements for authorisation (in each case decided solely in our discretion), you will be notified and given 14 days to collect the Products from our premises. You will be responsible for collecting the Products from us, and if after 14 days, the Products have still not been collected then the goods will be disposed of. No credit note will be issued, and we will accept no liability for products disposed of in these circumstances.
7.28 We will credit you for the amount paid in respect of a returned Product (excluding the delivery charge) within 30 days of the last Business Day of the month following the month in which the returned Product is received by us.
7.29 We reserve the right to charge a 15% or £25 handling charge (whichever is greater) plus VAT on any returned Products (excluding Defective Products and Nonconforming Products). Where we exercise this right, we will deduct this handling charge from the amount refunded to you.
7.30 We will repair or replace (at our option) certain Products with which you encounter a fault (including a physical defector issue with the performance of the Product) (Defective Product).We will not provide a remedy for all Defective Products and the availability of a remedy from us (as opposed to the manufacturer) varies depending on the category and make of the Product concerned. Further details (including whether a remedy is available and the time periods during which we will consider repairing or replacing a Defective Product) are available on request.
7.31 To the extent that a remedy is available, you must notify us immediately (and not later than 2 Working Days after discovering that the Product is a Defective Product), with details of the fault or defect. We will, at out option, repair or replace such Defective Product. This shall be your sole and exclusive remedy in respect of any Defective Product.
7.32 To the extent that no remedy is available from us, you will need to rely on the manufacturer’s guarantee and/or warranty provided with the Product (if any).
7.33 Where a Product does not materially conform with the Specification (Nonconforming Product), you must notify us within 10 days of the Product being delivered, with details of the non-conformance. We shall, at our option, replace the Non-conforming Product with a Product that does materially comply with the Specification or issue a credit note for the amount paid in respect of the Non-conforming Product.You must return the Non-conforming Product back to us within 5 Working Days of notifying us that the Product does not materially comply with its Specification. Any replacement Product or credit note will only be issued once we have received the returned Product.This right does not extend to non-material deviations from the Specification. If we agree to issue a credit note, we will do so within 30 days of the last Working Day of the month following the month in which the returned Non-conforming Product is received by us.
7.34 You are responsible for the costs of returning a Defective Product or Non-conforming Product to us.
7.35 Any Defective Product or Non-conforming Product that you return to us is at your risk until we receive it.
7.36 Where we determine (acting reasonably) that any Product that you have returned to us as a Defective Product or Non-conforming Product is of satisfactory quality (including where no fault/defect exists, the fault/defect was likely caused by your misuse of the Product or the Product does materially comply with its Specification), you shall not be entitled to any remedy and you will be responsible for collecting the Products from us
8 CONSUMER WARRANTY
8.1 In addition to any warranty that you may have purchased with your product(s), all products that we supply are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
8.2.1 Faulty items purchased from 01 October 2015 are covered under the Consumer Rights Act 2015. Goods found by us to be defective during the first 30 days are entitled to a full refund. Between 1 month and 6 months after purchase if a fault develops then we will either repair or replace the product. Only if there is a recurrence of the fault within the warranty period will a refund be offered.
8.2.2 All products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender at the sender's expense or the goods will be destroyed.
8.3 This warranty does not apply to any defect in the goods arising from normal wear and tear, wilful damage, accident, lack of required skill, negligence by you or by any third party (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated hot or dusty environment), failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
8.4 Unless otherwise stated, all LCD/LED panels should be considered as class 2, which comply with ISO ISO- ISO13406-2 Spec in Class II pixel defects. Dead pixels on LCD/LED panels are covered under the manufacturer's warranty terms and conditions. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels.
8.5 We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to safeguard your data. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty, regardless of any correspondence stating otherwise.
8.6 Should you take any goods purchased from us to a third party and have them attempt to diagnose or repair a fault on the computer, you may VOID the warranty/warranties given. In addition, we will not cover the costs of any onsite or call out charges as we do not provide any warranty cover for these. If you have any problems with your order you must contact us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure above.
8.7 In the event of any failure of software or hardware, we will not be held liable to replace, reinstall or compensate for any software that is lost, damaged or corrupted. This exclusively applies to software provided free of charge by us or any third party software that was installed by you.
8.8 If the graphics card installed in your computer develops a fault, you must return the bag containing the heatsink and fan along with the faulty graphics card. Failure to do so will result in the warranty for the graphics card becoming void.
8.9 If a product is repaired outside of the warranty period specified on your order, unless otherwise specified the warranty provided on any replacement parts is capped at a maximum of three months.
8.10 For products with a warranty longer than 12 months, after the initial 12 month period the warranty shall be considered to be with the manufacturer. Velo Systems Limited may deal with these warranties at our discretion, when this is done Velo Systems will endeavour to work with those parties to arrange repair or replacement without undue delay, and not later than 3 months after the day we receive back from you any goods supplied, or (if earlier) 3 months after the day you provide evidence that you have returned the goods.
8.11 Where items need to be repaired or replaced by third parties, such as manufacturers, Velo Systems will endeavour to work with those parties to arrange repair or replacement without undue delay, and not later than 3 months after the day we receive back from you any goods supplied.
8 BUSINESS WARRANTY
8.12 The Products we sell are not manufactured by us and each manufacturer provides different guarantees or warranties in respect of their Products. We shall assign any Product guarantee or warranty rights which we have against the manufacturer of the Product to you. Please refer to the Product information on our website/in our brochure for confirmation of the guarantee or warranty provided with the Product. For details of the applicable terms and conditions of such guarantee or warranty, please refer to the manufacturer’s website, details of which will be stated on the relevant Product page of our website/brochure.
8.13 We warrant that such Products will materially comply with the Specification on delivery. Please note that there may be minor variations between a Product and its Specification and we do not give any guarantee or warranty in this respect.
8.14 Except as specifically set out in these Terms, the Products are sold without guarantees, conditions or warranties and as far as legally possible, we expressly exclude all conditions, warranties and other terms which might be implied by law.
9 CONSUMER LIMITATION OF LIABILITY
9.1 If you are a consumer we 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 us or by our employees or agents;
9.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by the our negligence or fraudulent misrepresentation.
9.3 If you are a business customer we 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.
9.4 The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viritted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. You agree that we will not be liable to you or to any third party for any losses arising from inability to access the website or part of the website or any technological failure that may prevent the completion of an order.
9.5 Force Majeure: We shall not be held liable for any failure or delay in delivering the goods or performing services where such failure arises as a result of any act or omission which is outside our reasonable control, such as an "act of God" or those of third parties.
9.6.1 Security Breaches: We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.6.2 Destruction of Goods: If we receive an item which has been issued with a genuine RMA number, but subsequently is tested and not found to be faulty, it is the customer’s duty to arrange carriage for return of the item to themselves. If carriage is not arranged within 90 days after the customer being made aware that no fault has been found we reserve the right to restock or destroy the returned item.
9 BUSINESS CUSTOMER LIMITATION OF LIABILITY
9.7 Subject to clause 9.10, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.8 Subject to clause 9.10, our total aggregate liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid for the Products plus any delivery charge paid.
9.9 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your (or your customers’) purposes.
9.10 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10 WEBSITE SECURITY
10.1 We use the industry standard secure sockets layer (SSL) 256-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our Website look at the address bar of your browser and you will see https as opposed to http. All this technology and our policies are designed to safeguard your privacy from unauthorised access/improper use.
10.2 If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
11.1 We aim to have the Website available at all times; however, you will appreciate that we cannot guarantee this or that the website will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; please note that the information appearing at the time of viewing may not always remain the same at the time you place your order.
11.2 The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
11.3 You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
12 PROVIDED INFORMATION
12.1 Where we have requested information from you in order to provide goods or services, you agree to provide us with accurate and complete information.
12.2 You authorise us to use, store or otherwise process your personal information in order to provide the goods or services to you and for marketing purposes (the "Purpose"). The Purpose may include the disclosure of your personal information when it is required by law or in order to provide the goods or services to you. We do not pass on or sell your contact details to third parties.
12.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
12.4 For more information on your rights and how we hold and use your personal information please refer to our Privacy Notice (https://www.aria.co.uk/Support/Privacy+Notice)
13 INTELLECTUAL PROPERTY
13.1 All copyright, design rights, patents, inventions, logos, business names, trade names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the goods and services (including information, content, material or data displayed on it) belong to us and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is the exclusive property of Velo Systems and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so (however, you may post links to our Website on social media without our express permission, but you agree to remove these links if requested by us).
GENERAL LEGAL TERMS
14.1 Changes to the Terms and Conditions: We may alter or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to accept the latest version of the Terms and Conditions when you buy our goods or services.
14.2 Entire Agreement: This Agreement constitutes the entire agreement between you and us. No other terms, whether expressed or implied, shall form part of this Agreement. In the event of any conflict between these terms and conditions and any other term or provision, these terms and conditions shall prevail.
14.3 Invalidity: If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
14.4 Jurisdiction and English Law: These terms and conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
14.5 Delays: No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
14.6 Rights of Third Parties: It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
14.7 We are required by law to inform you that purchases can be conducted in English only and that no public filing requirements apply
14.TERMINATION FOR BUSINESS CUSTOMERS
14.1 We may terminate the Contract immediately on written notice where you:
(a) are in material breach of the Contract and either such breach is irremediable or, where such breach is capable of remedy, you have not remedied such breach within 30 days of such notice. Any breach by you of clause 9.6 shall be deemed to be material and incapable of remedy;or
(b) become subject to any of the events listed in clause 14.2.
14.2 For the purposes of clause 14.1, the relevant events are:
(a) you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being a sole trader) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
(b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your company;
(d) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over your company;
(e) (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(g) (being an individual) you are the subject of a bankruptcy petition or order;
(h) a creditor or encumbrancer of your business attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
(i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in this clause 14.2(a) to (f) (inclusive);
(j) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(k) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
(l) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or becomes a patient under any mental health legislation.
14.3 On termination (for whatever reason):
(a) any amount payable under the Contract, and any sums due under any invoice then in existence under your account, shall become immediately payable; and
(b) clauses 2, 6, 9 and 14.3(a), and any other clauses which are expressly or by implication intended to come into force upon, or remain in force following, the termination of the Contract, shall survive termination and continue in force.
14.4 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.