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The following are a set of standard terms & conditions of sale to which you agree in placing an order with us:
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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 Bitsbox (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 electronic
payment 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 you
receive your order confirmation/despatch 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 Supplierīs website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order
goods you have ordered are not available in stock they will be held on
backorder and the balance shipped or a refund of any sum that has been
paid by you for those goods provided.
2.3 Every effort is made to ensure that prices shown on the Supplierīs
website are accurate at the time you place your order. If an error is
found, the Supplier will inform you as soon as possible and offer you
the option of reconfirming your order at the correct price, or
cancelling your order. If the Supplier does not receive an
order confirmation within 14 days of informing you of the error, the
order will be cancelled automatically. If you cancel the order, or if
the order is cancelled automatically due to the expiry of the 14 day
period, the Supplier will refund or re-credit you for any sum that has
been paid by you or debited from your credit card for the goods.
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 Supplierīs website at the time you place your
order. Payment shall be due before the delivery date and time for
payment shall be a fundamental term of this agreement, breach of which
shall entitle the Supplier to terminate the
contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders placed before 13.00 UK time on a business day will, whenever
possible, be processed and despatched that day, provided no additional
security checks are required and all stock items are available. (A
business 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
Supplierīs control the Supplier will inform you as soon as possible.
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 for the goods. On exercising your right to cancel you shall be
required to return the goods to the Supplier. Should you fail to return
the goods, the Supplier reserves the right to deduct any direct costs
incurred by the Supplier in retrieving the goods as a result of such
failure.
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 Upon receipt of your order you may be asked to sign for the goods
received in good condition. If the package does not appear to be in
good condition then please refuse the delivery. If you are unable to
check the contents of your delivery at the point of delivery then
please sign for the parcel as "UNCHECKED". Failure to do so may affect
any warranty claims that you make thereafter.
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 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
even though 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 Supplierīs 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 Supplierīs 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 hand, post or e-mail, giving details of the
goods ordered and (where appropriate) their delivery.
7.3 Except in the case of faulty or misdescribed goods, if you exercise
your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the Supplier’s address. You
must take reasonable care to ensure the goods are not damaged in the
meantime or in transit. In the case of faulty or misdescribed goods we
shall,
after receiving notification in accordance with clause 8.3 or 8.4,
either collect the goods from you, provide pre-paid return packaging or
ask you to return the goods yourself and refund you the reasonable
postage costs.
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 of
receipt of the returned goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not
return the goods as required, the Supplier may charge you a sum not
exceeding the direct costs of recovering the goods.
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, save
where a fault is discovered which could not have been discovered
otherwise than by unsealing the goods.
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 Supplierīs instructions, or any alteration or
repair carried out without the Supplierīs approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing by e-mail within 14 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 by e-mail, as soon as possible, but in any event
within 14 days of the date you discovered or ought to have discovered
the damage, defect or complaint.
9. Limitation of Liability.
9.1 Except in respect of death or personal injury caused by the
Supplier’s negligence, the Supplier will not by reason of any
representation, implied warranty, condition or other term, or any duty
at common law or under express terms of this contract, be liable for
any loss of profit or any indirect, special or consequential loss,
damage, costs, expenses or other claims (whether caused by the
Supplier’s servants or agents or
otherwise) which arise out of or in connection with the supply of the Goods and Services.
9.2 The Customer shall indemnify the Supplier against all damages,
costs, claims and expenses suffered by arising from loss or
damage to any equipment (including that of third parties) caused by the
Customer, or its agent or employees.
9.3 The Supplier shall not be liable to the Customer or be deemed to be
in breach of these terms and conditions by reason of any delay in
performing, or any failure to perform, any of the Supplier's
obligations if the delay or failure was due to any cause beyond the
Supplier's reasonable control.
9.4 The customer is responsible for ensuring that the goods supplied
are suitable for the purpose intended. The Supplier, whilst making all
reasonable efforts to ensure that goods supplied meet the requirements
of the Customer, shall not be liable to the Customer for any losses
should suitability not have been verified prior to use. The Supplier,
at his discretion, may accept the return of unsuitable goods supplied
for
exchange or full or partial refund. In the case of customised goods
being supplied which prove to be unsuitable through no fault of the
supplier, return will only be accepted should those goods, in the
opinion of the Supplier, be resaleable
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. Descriptions
11.1 Product images are for illustrative purposes only and may differ from the actual product.
11.2 In line with our policy of continual product improvement, we
reserve the right to make design or product alterations, or to
discontinue any product as my become necessary without prior
notification.
12. Language
All information on this web site & all communications from the Supplier will be through the medium of English
These terms of sale and the supply of the goods will be subject to the
law of England & Wales and the English & Welsh courts will have
jurisdiction in respect of any dispute arising from the contract, save
that consumers resident in Scotland shall have the right to insist upon
these terms being construed in accordance with the laws of Scotland and
to submit to the jurisdiction of Scottish courts.
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UK 1st Class Delivery only
Ģ1.50
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HOW TO ORDER
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