Core Computers Limited terms and conditions of sale for businesses
This document tells you information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products) including those listed on our website (our website) or displayed at our premises, or provide any of the services (Services) which we agree in writing to provide to you.
We amend these Terms from time to time. Every time you wish to order Products or Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in October 2014 when we first published them. If ordering Products or Services from our website, you should print a copy of these Terms or save them to your computer for future reference.
Information about us
We are Core Computers Limited a company registered in England and Wales under number 07751700 and with our registered office at Unit 11, The Axium Centre, Dorchester Road, Poole BH16 6FE. Our VAT number is 119 7882 72. We operate the website www.corecomputers.co.uk.
Contacting us. If you wish to contact us for any reason you can do so by e-mail at firstname.lastname@example.org, telephone +44 (0)1202 624974 or post to Unit 11, The Axium Centre, Dorchester Road, Poole BH16 6FE. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. If you are a business and wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.2.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display them accurately your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are an approximate guide only.
It is your responsibility to ensure that the specification of the Products is correct and suitable for their intended purpose before placing an order. If you wish to see Products to help assist your decision making before placing an order, please visit our premises at Unit 11, The Axium Centre, Dorchester Road, Poole BH16 6FE or contact us as set out in clause 1.
terms for businesses only
If you are a consumer, your purchase of Products and Services must be made on the basis of our terms and conditions for consumers which appear here.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you are purchasing Products or Services.
These Terms and any document expressly referred to in them 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.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
How the contract is formed between you and us
In person at our premises.
After you place an order, you will receive a sales order by e-mail from us acknowledging that we have received your order (Order Confirmation). In the case of sales made at our premises, please note that no Contract exists between us until we send you an Order Confirmation.
On our website or over the telephone
Our shopping pages will guide you through the steps you need to take to place an order with us or you can place an order over the telephone by speaking to one of our sales team. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
When you are ready to place an order on our website, we will let you know that this will trigger a payment and you will see the following message “order with obligation to pay”.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Confirmation). In the case of sales from our website or over the telephone however, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.5.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that the Services have been booked in (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with the Services or a Product, for example because that Product is not in stock are no longer available or because we cannot meet your requested delivery or performance date or because of an error in the price (stated on our website or otherwise), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or Services, we will refund you the full amount including any delivery costs charged as soon as possible.
Our right to vary these Terms
We amend these Terms from time to time. Please look at the top of these Terms to see when they were last updated and which terms were changed.
Every time you order Products or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or our business practices.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive or in respect of the Services. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Third-party manufacturer’s guarantee of goods
The Products come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Products.
Delivery OF PRODUCTS
We will contact you with an estimated delivery date. We do our best to deliver the Products within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), or as otherwise between us. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
If no one is available at your address to take delivery, we will leave you a note to say that the Products have been returned to our courier’s depot. Our courier will attempt to delivery on the business day following the first delivery attempt. If there is no one available at your address to take delivery on the second attempt, the Products will be returned to our premises, in which case, please contact us to rearrange delivery. Please note that you will incur an additional delivery charge if the Products are returned to our premises.
Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you, or a carrier organised by you, collects them from us, and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
Delivery can be arranged to a different address to your registered credit or debit card billing address. We may contact you or your bank to verify this address.
Retention of title
The risk in the Products shall pass to you on completion of delivery.
Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products and any other Products that we have supplied to you in respect of which payment has become due (including all applicable delivery charges) in which case title to the Products shall pass at the time of payment of all such sums.
Until title to the Products has passed to you, you shall:
store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
give us such information relating to the Products as we may require from time to time.
Subject to clause 8.5, 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:
you do so as principal and not as our agent; and
title to the Products shall pass from us to you immediately before the time at which resale by you occurs.
If you fail to pay for the Products, then, without limiting any other right or remedy we may have:
your right to resell the Products or use them in the ordinary course of its business ceases immediately; and
we may at any time:
require you to deliver up all Products in your possession which have not been resold, or irrevocably incorporated into another product; and
if you fail to do so promptly, enter any of your premises or of any third party where the Products are stored in order to recover them.
We may be able to delivery to countries other than UK and EIRE, but this is subject to our written agreement. (International Delivery Destinations). Please contact us if you wish to request an international delivery.
If you order Products from our website for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products, services and delivery charges
The prices of the Products or the Services will be as quoted at our premises or on our website at the time you submit your order. We take reasonable care to ensure that the prices of Products or Services are correct at the time when the relevant information was entered onto the system. However please see clause 10.6 for what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products or Services may change from time to time, but changes will not affect any order you have already placed.
The price of a Product or Services includes VAT for orders to the EU (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products or the Services in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
Please note that our Delivery Charges are based on “door to door” delivery. If you have any particular requests (e.g. time-critical delivery) you must inform us of this when you place your order. We may make additional charges for any such requests.
Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
You can pay for Products or the Services using the following debit or credit cards: Visa, Mastercard, American Express, Visa Debit, Switch. We also accept bank transfer and cheque payments.
Payment for the Services or Products and all applicable delivery charges is in advance of delivery.
We only supply the Services or Products for internal use by your business, and you agree not to use the Products for any resale purposes unless we agree otherwise in writing.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 12.2, 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:
any loss of profits, sales, business, or revenue (whether any such losses are direct or indirect);
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
Subject to clause 12.2, our total 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 price of the Products or Services.
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 or Services are suitable for your purposes.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products or the Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
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.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, in advance.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, 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.
A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).