| BROCK COMPUTING LIMITED trading as "BROCK MODELS"
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied
by Brock Computing Limited trading as Brock Models, whose registered office is at
25 Marlyns Drive,
Guildford,
GU4 7LT, registered in England and Wales No.
3069948 (the "Supplier").
1.2 No contract exists between you and the Supplier
for the sale of any goods until the Supplier has received and accepted your
order and the Supplier has received payment in full (in cleared funds). Once
the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of
your order will be sent to you via e-mail when you place your order, but acceptance
of your offer to buy the goods will not take place until after your payment
is taken and you receive your acceptance e-mail. It is at this point that a
binding legal contract is created and any contract is subject to these Terms
and Conditions.
1.4 The contract is subject to your right of cancellation
(see below).
1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order
will be as shown on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability. If on
receipt of your order the goods you have ordered are not available in stock,
the Supplier will inform you as soon as possible and refund or re-credit you
for any sum that has been paid by you or debited from your credit card for the
goods.
2.3 Every effort is made to ensure that prices shown
on the Supplier's website are accurate at the time you place your order. If
an error is found, the Supplier will inform you as soon as possible and offer
you the option of reconfirming your order at the correct price, or cancelling
your order. If the Supplier does not receive an order confirmation within 14
days of informing you of the error, the order will be cancelled automatically.
If you cancel, the Supplier will refund or re-credit you for any sum that has
been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required
to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can
be made by any method shown on the Supplier's website at the time you place
your order. Payment shall be due before the delivery date and time for payment
shall be of the essence.
3.2 There will be no delivery until cleared funds
are received.
3.3 Payments shall be made by you without any deduction
whether by way of set-off, counterclaim, discount, abatement or otherwise unless
you have a valid court order requiring an amount equal to such deduction to
be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the
address you give when you place your order, except that some deliveries are
not made outside the United Kingdom.
4.2 Orders placed before 3:00 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.)
4.3 If delivery cannot be made to your address for
reasons under the Supplier's control the Supplier will inform you as soon as
possible and refund or re-credit you for any sum that has been paid by you or
debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of
the goods (otherwise than by reason of circumstances under control of the Supplier)
then without prejudice to any other right or remedy available to the Supplier
, the Supplier may:
4.4.1 store the goods until actual delivery and
charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the
best readily obtainable price and (after deducting all reasonable storage and
selling expenses) account to you for any excess over the price you agreed to
pay for the goods or charge you for any shortfall below the price you agreed
to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract
under the Distance Selling Regulations the Supplier shall refund or re-credit
you within 30 days for any sum that has been paid by you or debited from your
credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods
as soon as possible after your order has been accepted. However, the Supplier
will not be liable for any loss or damage suffered by you through reasonable
or unavoidable delay in delivery. In this case, the Supplier will inform you
as soon as possible.
4.7 Time for delivery shall not be of the essence.
The goods may be delivered by the Supplier in advance of the quoted delivery
date.
4.8 Upon receipt of your order you will be asked to sign for the
goods received in good condition. If you are unable to check the
contents of the package at that moment in time please sign for the
parcel as "UNCHECKED". Failure to do so may affect any warranty claims
that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you
until the Supplier has received in full (in cash or cleared funds) all sums
due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become
due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment
for the goods notwithstanding that ownership of any of the goods has not passed
from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
condition and keep them insured on the Supplier's behalf for their full price
against all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier; and
6.1.3
hold the proceeds of the insurance referred to in condition
6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to
possession of the goods shall terminate immediately if:
6.2.1 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
6.2.2 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
6.2.3 you encumber or in any way charge any of the
goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at
any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must
give written notice to the Supplier by letter
giving details of the goods ordered and (where appropriate) their delivery.
Notification by phone or email is not sufficient.
7.3 If you exercise your right of cancellation after
the goods have been delivered to you, you will be responsible for returning
the goods to the Supplier at your own cost. The goods must be returned to the
address shown below. You must take reasonable care to ensure the goods are not
damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you
are cancelling the contract, the Supplier will refund or re-credit you within
30 days for any sum that has been paid by you or debited from your credit card
for the goods.
7.5 If you do not return the goods as required, the
Supplier may charge you a sum not exceeding the direct costs of recovering the
goods.
7.6 You do not have the right to cancel the contract
if the order is for consumable goods which, by their nature, cannot be returned.
8. Warranty
8.1 All goods supplied by the Supplier are warranted
free from defects for 12 months from the date of supply (unless otherwise stated).
This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in
the goods arising from fair wear and tear, wilful damage, accident, negligence
by you or any third party, use otherwise than as recommended by the Supplier,
failure to follow the Supplier's instructions, or any alteration or repair carried
out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery,
you should notify us by email within 7 days.
8.4 If the goods supplied to you develop a defect
while under warranty or you have any other complaint about the goods, you should
notify the Supplier in writing via e-mail as soon as possible, but in any event
within 7 days of the date you discovered
or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 the Supplier's total liability in contract, tort
(including negligence or breach of statutory duty), misrepresentation, restitution
or otherwise, arising in connection with the performance or contemplated performance
of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits
the liability of the Supplier for death or personal injury caused by the Supplier's
negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall
not be liable to you for any indirect or consequential loss or damage (whether
for loss of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to information supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law
and the English courts will have jurisdiction in respect of any dispute arising
from the contract.
12. Images
Product images are for illustrative purposes only.
Brock Computing Limited
25 Marlyns Drive
Guildford
GU4 7LT
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