TERMS AND CONDITIONS OF SALE
Emerald Computers Terms and Conditions of Sale
1 Meanings of words used by us
"Customer", "you", "your" and "yours" means you the person using this Website ordering Goods or Services;
"Goods" or "Products" means the personal computer or laptop which you have ordered from us and any other hardware or software products ordered by you which are set out in your order form;
"Service" or "Services" means the home installation service that we offer to our customers. The exact details of which are dependent on the level of service which is selected;
"Terms and Conditions" means this document and any updates to the document which are displayed on our Website;
"we", "us" and "our" references Emerald Computers
"Website" is a reference to the website, which is run and operated by us and on which these Terms and Conditions are displayed.
2 Ordering from Us
2.1 When you order Goods and/or Services from us you are entering into a contract with us for the purchase of the Goods and/or the performance of the Services. You must take care when providing us with your details to ensure that these are accurate and complete at the time of ordering.
2.2 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.
2.3 Goods and Services purchased from this Website 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.
2.4 When ordering from this Website 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.
2.5 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.
2.6 The description and price of goods you order will be as shown on our website at the time you place your order.
2.7 After placing an order, you will receive an e-mail 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.
3.1 All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges.
3.2 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.
3.3 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.
3.4 Where payment is made by cheque or bank transfer, we shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.
3.5 Where an order is made using finance to pay for goods, delivery must take place to the address given on the finance application.
3.6 Our Website contains many Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We are under no obligation to provide the 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.
3.7 If an error in our pricing is found, we will 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 reconfirm 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.
3.8 In some cases it may be necessary for us to request further information from you to perform CNP (cardholder not present) checks on payments received for 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.
4.1 Promotions, such as game codes, vouchers, free items and rebates are subject to availability. Promotions can be terminated at any time and without notice.
4.2 We will endeavour to honour all promotions, but we cannot be held liable where promotions expire, are discontinued, terminated or unavailable.
4.3 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.
4.4 Promotions have a cash value of £0.00001.
5.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
5.2 Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation unless there are exceptional circumstances.
5.3 Please ensure that you or someone who is authorised to sign for the goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage, then you can either refuse the delivery or sign for the package as damaged.
5.4 The Products will be at your risk from the time of delivery.
5.5 You may collect the Goods from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address.
6 Cancellation and Returns
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 calendar days, beginning on the day you received the Products. You must notify us via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient.
6.2 If you are contracting as a Business / Trade customer, this clause 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 provided.
6.3 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. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 If required we can arrange collection using our courier. The cost for collections is £35.00.
6.5 The supply of services (namely a priority build service - if ordered) will not be refunded because this service contract will have been fully completed within the cancellation period.
6.6 Once the cancelled Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 14 days EXCLUDING the costs of delivery less the collection charge we paid for the collection of the Goods if applicable.
6.7 Except in the case of faulty or mis-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering 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.
6.8 Any 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.
6.9 A full statement of your legal rights under The Consumer Contracts Regulations 2013 may be obtained in the UK from your local Citizen's Advice Bureau or Trading Standards Office.
6.10 If the goods supplied to you are incomplete/incorrect or physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care and that the goods were supplied correctly and in full.
6.11 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 will examine the returned Product and if you are entitled, we will notify you of your options (which may be to either repair, replace or refund) via e-mail within a reasonable period. We will process a repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or within 14 days of the day you opt for a refund for the defective Product.
6.12 For refunds, 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 earlier) 14 days after the day you provide evidence that you have returned the goods, or
if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.13 For any returns due to damage or suspected faults, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required.
6.14 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.
6.15 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.
6.16 When you return goods using your own delivery method, where goods are found to be defective we will refund up to £5 of the cost incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
6.17 When returning goods under the 14-day cooling off period, if the goods are not in a resalable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund.
6.18 If you wish to return the system in the original packaging and you either find your packaging to not be suitable for return, or you didn't keep the original packaging, then please feel free to contact us for replacement packaging at a cost.
6.19 Consumers have the statutory warranty rights for goods at their disposal.
6.20 We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board. The European Commission offers an online dispute resolution platform, available here:
7.1 In addition to any warranty that you may have purchased with your Goods, all Goods 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.
7.2 Goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. 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.
7.3 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 (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.
7.4 Unless otherwise stated, all LCD/LED panels should be considered as class 2, which comply with ISO ISO-9241-302, 303, 305, 307:2008-pixel defects. Dead pixels on LCD/LED panels are covered under the manufacturers' warranty terms and conditions. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels.
7.5 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 reinstate if a loss occurs. 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.
7.6 If you install components that are not purchased from us and they cause problems with your computer, your warranty will be void.
If you install components that are not purchased from us we will in no way support you in installing them or with any problems you have relating to the components you have installed.
We will support you in installing components purchased from us.
7.8 The company reserves the right to suspend the warranty or refuse service if your Case, Motherboard, CPU or BIOS have been replaced without authorisation.
Any tampering, repair or modification by unauthorised personnel voids the warranty.
7.9 Should you take any goods purchased from us to a 3rd party and have them attempt to diagnose or repair a fault on the computer, you may VOID all warranties on the order and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties. 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.
7.10 In the event of any failure of software or hardware, we will not be held liable to replace, re-install 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.
7.11 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 Our Website security
8.1 Encryption Technology: 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 to safeguard your privacy from unauthorised access/improper use.
8.2 External Websites: 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.
9 Using Our Website
9.1 The information, content and material available on the Website may vary from time to time without notice to you. This is to ensure that the Website is as up to date as possible.
9.2 We aim to have the Website available at all times, however, you will appreciate that we cannot guarantee this or that it 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; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
9.3 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.
9.4 You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use our Website or the Services. You are responsible for all account activity conducted by a minor on your account.
10 Your Information
10.1 Where we have requested information from you to provide the Goods or Services, you agree to provide us with accurate and complete information.
10.2 You authorise us to use, store or otherwise process your personal information to provide the Goods or Services to you and for marketing purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to third parties from time to time where this is required by law or to provide the Goods or Services to you. We do not pass on or sell your contact details to third parties.
10.3 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.
10.4 You should not receive unsolicited email or phone calls from companies that we do business with and we do not sell your information to these companies.
10.6 The contract text, which led to the order, is stored by us and can be made available to you after the conclusion of the contract. Please contact us and we will provide you with this information.
11 Complaints about our Service
11.1 We hope that you will not have any complaints about our Services however if you do have an issue please contact us and we will do our best to respond within 5 business days.
12 Our Intellectual Property Rights
12.1 All copyright, design rights, patents, inventions, logos, business names, trading 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 or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is our exclusive property 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.
13 Disclaimer and limits to our liability
13.1 Limits on our liability: We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
13.2 Indirect or inconsequential losses: We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us.
13.3 The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted 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, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
13.4 Acts of God: 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.
13.5 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.
14 General legal points
14.1 Ability to transfer or subcontract: We may subcontract any part or parts of delivery of the Goods or the Services that we provide to you from time to time and we may transfer our rights and/or obligations under this Agreement without your consent or any requirement to notify you.
14.2 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.
14.4 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.
14.5 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.
14.6 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.
14.7 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.