These are the terms and conditions of sale of Peninsula Hardware Retail whose registered office is at Low Hall, Hunmanby, North Yorkshire (‘we’ or ‘us’). These terms will apply to all your purchases of Goods, whether you are ordering online, by telephone or by mail. Please read this document carefully.
We may change these terms from time to time. Please check them before
you make another purchase.
1.1 In these conditions:-
1.1.1 “Consumer” means any customer whether for business or personal use;
1.1.2 “you” means the Consumer submitting an order for Goods;
1.1.3 “Goods” means the computer and/or other equipment and Software to be supplied under these conditions;
1.1.4 “Party” means either you or us; “Parties” means
you and us;
1.1.5 “Software” means the computer programs to be supplied under these conditions as stated on our quotation or order acknowledgement, as appropriate.
1.1.6 "Writing" means letter, fax or email.
1.2 The contract for supply of Goods (“Contract”) will be
formed when you accept our quotation or we accept your order. Acceptance
of an order by us can only be made in Writing. Once the Contract has
been formed with you we will file it in electronic or paper copy for
1.3 In deciding whether to accept your order we may carry out a credit
check and then will only accept your order if we are satisfied with the
results of such check. You confirm that you are happy for us to carry
out such check.
1.4 These conditions may only be changed in a document signed by one
of our directors.
1.5 These conditions and any matters referred to on our quotation or
order acknowledgement (as appropriate) form the entire understanding
between you and us and supersede any prior promises, representations
(unless fraudulent) or undertakings.
1.6 Any omission or error in any sales literature, web page or site,
order form, quotation, price list, order acknowledgement, despatch note,
invoice or other document issued by us may be corrected by us without
1.7 By accepting the Contract you are confirming that you are a Consumer.
1.8 The provisions of the Contracts (Rights of Third Parties) Act 1999
are expressly excluded from the Contract so that no third party may claim
any rights under this contract.
1.9 Clause headings are for convenience only and do not affect the interpretation
of these conditions. Words in the singular include the plural and vice
2.1 If the Goods which you purchase from us are faulty or do not do what we say in Writing that they will do, you should notify us in writing within 28 days of delivery or within 12 months of delivery for defects which are not apparent to you on an inspection of the Goods. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, will, at our option, either remedy the defect in question, replace the defective Goods or refund the price of the defective Goods minus a restocking fee to cover fulfillment costs. This warranty does not apply to Software, which is dealt with at condition 2.5, below.
2.2 The warranty in 2.1 above does not apply to faults which been caused
by your mis-use and/or neglect of the Goods or by accidents caused while
the Goods are in your possession.
2.3 Where you return Goods under condition 2.1 we will pay for the delivery of any repaired or replacement Goods to you.. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
2.4 You must return all Goods to us in their original packaging in substantially
the same condition as you bought them and you should ensure that all
returned Goods bear a return identification number clearly visible on
the exterior (such number may be obtained from us prior to return of
the Goods by you).
2.5 Software (and its use) will be subject to the terms of the manufacturer’s
licence contained within the software itself (and accessed upon loading)
or within or upon the packaging of the software. Such licence will state
the extent of the manufacturer’s liability for the software.
3 LIMITATION OF LIABILITY
3.1 We will not be liable to you by way of representation (unless fraudulent),
common law duty or under any express or implied term of the contract
3.1.1 any losses which are not foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods and related services or their use by you;
3.1.2 any losses which are not caused by any breach by us;
3.1.3 business or trade losses; or
3.1.4 any loss or costs of retrieval of data, as you should keep adequate back-up copies of data and programs held or used by you.
3.2 Our entire liability in connection with the Contract will not exceed
one and a half times the purchase price of the Goods in question.
3.3 Nothing in this Contract means that our liability to you for death
or personal injury resulting from our negligence or that of our employees,
agents or subcontractors is limited.
4.1 The price for the Goods is stated on our quotation or order acknowledgement
(as appropriate). All prices are in £ sterling, are exclusive of
VAT, delivery and installation charges and the cost of packaging and
insurance, all of which will be added to or charged on invoices at the
appropriate rates and paid by you.
4.2 We may vary the price where the cost to us of acquiring or supplying
the Goods is increased between the date of quotation or order acknowledgement
(as appropriate) and delivery and including, without limitation, increases
in the cost of carriage, packaging or insurance or arising from a change
in exchange rate, a change in delivery date, quantities or specifications
for Goods requested by you or delay caused by your instructions PROVIDED
THAT we will notify you in writing in good time prior to delivery of
such price increases and you may cancel your order within 7 working days
of this notice if you are unhappy with the price increases.
4.3 The Company reserves the right not to accept cancellation of orders or the return of unwanted goods, however, at the Company's discretion, it may be prepared to accept cancellations or returns subject to the payment of a restocking fee of 15% (minimum amount £25) and that the returned items are in a fully marketable condition. Cancellations must be made in writing after having called us, in advance, to obtain a "Cancellation Number".
5.1 Unless we agree otherwise in Writing, you must pay for Goods prior
to their despatch to you by such means as we may notify you of. Where
the Goods are supplied on credit terms granted at our discretion, payment
will be made by you by the end of the month following our invoice date.
Payment by cheque is deemed to have been made only upon such cheque being
met on first presentation.
5.2 Where you do not make any payment to us under the Contract by its
due date then, we may, in addition to any other rights which we have
under this Contract:
5.2.1 charge interest on the outstanding amount (as well after as before judgement) on a day to day basis at an annual rate of 4 % above National Westminster Bank Plc’s base rate form time to time applicable until the sum due is paid.
5.2.2 withhold further deliveries, suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
6.1 We will deliver the Goods to the place designated by you in the accepted order or quotation, as appropriate, during normal business hours.
6.2 Unless otherwise expressly agreed in writing, any delivery date or
time specified by us in any quotation, despatch note or otherwise is
a best estimate only and we will not be liable to you for any loss or
damage sustained by you if we fail to meet that time scale because of
circumstances beyond our reasonable control.
6.3 If you become unable to pay your debts (or have no reasonable prospect
of so doing), make an arrangement with your creditors, suffer a bankruptcy
order or breach your payment obligations under the Contract, then we
may, as well as any other rights which we have under this Contract, immediately
terminate the Contract and suspend or cancel further delivery.
7 RISK AND TITLE
7.1 Ownership of the Goods and the risk for damage to the Goods will
pass to you upon delivery.
7.2 If you fail to pay for any Goods in accordance with these conditions
we may bring action against you for the price of the Goods at any time.
8 DAMAGE OR LOSS IN TRANSIT
We shall repair or replace, free of charge any Goods damaged or lost
in transit where delivery has been made by our carrier, provided that
you give us written notification of such damage or loss within 7 days
of the date of our invoice (so that we may comply with our carrier’s
conditions of carriage).
9 INSTALLATION AND SERVICING
9.1 We may for an additional charge install and/or commission Goods at
your premises or elsewhere. Condition 3 shall apply to the provision
of any installation or commissioning. Goods shall be treated as delivered
to you when the same are presented by us at the agreed delivery destination.
9.2 Where we carry out any one-off servicing of the Goods you must keep
adequate back-up copies of data and programs held or used by you. We
will not be liable to you for any loss or retrieval of such data and
10.1 Where we have put drawings, photographs, illustrations, specifications,
performance data, dimensions and the like in sales literature, on web
pages or other documentation, we believe they are accurate. However,
you should not take them to be a description of the Goods or representations
made by us and we do not warrant that they are accurate.
10.2 The specification for Goods may be changed by the manufacturer at
any time up to delivery. We will not be liable for any loss or damage
suffered in connection with any change. We will use our reasonable endeavours
to advise you of any such impending variation as soon as we are able
or upon our receiving notice of the same (as appropriate). You must check
specifications for Goods prior to making an order. You may cancel the
Contract according to your rights set out in condition 11, below.
11 YOUR RIGHT OF CANCELLATION
11.1 Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the Goods within 7 working days of delivery. A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund minus any fullfillment costs provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. We regret that we cannot accept the return of Software sent to you sealed which has been opened. This right of return is in addition to any other rights, warranties or conditions available to you.
11.2 If you exercise your right of cancellation after the Goods have been delivered to you, please call our technical department and obtain a returns number. We would then ask you to package the goods securely in the original packaging. Please record the returns number on a label attached to the outer packaging ie. please do not write on or damage the box. The return address is:
11.3 For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
12 DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performing
of any of obligations to you if this is due to any cause beyond our reasonable
control including: an act of God, explosion, flood, fire or accident;
war or civil disturbance; strike, industrial action or stoppages of work;
any form of government intervention; a third party act or omission; failure
by you to give us a correct delivery address or notify us of any change
We may freely assign, sub-contract or otherwise transfer in whole or
in part the Contract PROVIDED THAT the quality of Goods supplied to you
is not affected. You may not however do so without our written agreement.
14 GOVERNING LAW
14.1 The Contract is governed by the laws of England and the English
courts shall have the non-exclusive jurisdiction to resolve any disputes
arising out of or under it.
14.2 No waiver by us of any breach of the Contract by you is considered
as a waiver of any subsequent breach of the same or any other provision.