The Computer Hypermarket Ltd website
is owned and operated by
Computer Hypermarket Ltd
Unit 11 Kingfisher Court
Pinhoe Trading Est
Venny Bridge
EXETER EX4 8JN
Registered Company Number 4221331 (Incorporated in England)
VAT Number 777522400
(01th June 04)
We recommend you print a copy of these terms and conditions for
your future reference.
If you have any questions regarding the Computer Hypermarket Ltd
website or wish to have a copy of these Terms and Conditions sent
to you by email please contact us at webmaster@computerhyper.co.uk.
1. General
1.1 We reserve the right to change these terms and conditions at
any time. Changes will take effect when posted on the website (see
date at the top) and it is your responsibility to read the terms
and conditions on each occasion you use this website and your continued
use of the website shall signify your acceptance to be bound by
the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority
to bind any business on whose behalf you use this website
1.3 Some website services may require registration and subsequent
access to those services will be subject to an approved login name
and password ("Password Details"). Information that you
provide on this website must be accurate and complete. All Passwords
Details are accepted and may be withdrawn at our sole discretion
and are exclusive to you and nontransferable and must be treated
as strictly confidential at all times. In the event that you have
any concerns regarding your Password Details or become aware of
any misuse then you must inform us immediately (see Contact
Us for more information and full contact details).
1.4 These terms and conditions including the documents or other
sources referred to in these terms and conditions supersede all
prior representations understandings and agreements between you
and Computer Hypermarket relating to the use of this website (including
the order of products) and sets forth the entire agreement and understanding
between you and Computer Hypermarket for your use of this website
2. Order process
2.1 All orders that you place on this website will be subject to
acceptance in accordance with these terms and conditions. After
placing your order you will be sent a confirmation email detailing
your order and your cancellation rights. Credit and Debit card transactions
will be processed by Pay Pal ™ and their Terms and Conditions
will apply. We comply fully with PayPal's conditions for the protection
of Buyers rights.
2.2 Acceptance of your order will occur when we have received cleared
payment including any carriage charges.Completion of the order will
take place when the goods have been delivered to the address specified
on your order. Under the Distance Selling Regulations you have up
to 7 working days from the day after delivery to unconditionally
cancel the order and receive your money back. You must inform us
in writing or by email that you wish to cancel and must take reasonable
care of the goods and return them in full to us at your own expense.
Please note that canceling the order is not the same as rejecting
the goods under the Sale of Goods Act. You have additional rights
under this Act.
2.3 We do not file details of your order on this website, and therefore,
please print out these terms and conditions and the order acknowledgment
for your own records. If you wish to obtain specific details of
your previous orders please Contact Us.
2.4 Our standard VAT invoice will be included with every order
dispatched.
3. Delivery
3.1 This website is only for delivery of products to customers in
mainland UK and Northern Ireland addresses. We cannot deliver to
the Channel Islands, Isle of Man, Orkney, Shetland and Scottish
Islands, BFPO addresses, or the Republic of Ireland. All goods must
be signed for by an adult aged 18 years or over on delivery.
3.2 Delivery charges are specified when you place an order.
3.2a We make every effort to deliver goods within promised timescales,
however delays can happen due to unforeseen factors outside our
control. Computer Hypermarket shall be under no liability for any
delay or failure to deliver the products within promised timescales.
You will be informed as soon as possible of any delay. See Para
2.2 for your cancellation rights.
3.3 Risk of loss and damage of products passes to you on the date
when the products are delivered or on the date of first attempted
delivery by us. If you receive goods damaged in transit please notify
us in writing or by email within 48 hours of delivery.
4. Payment
4.1 We take payment from your card at the time we receive your order,
once we have checked your card details and stock availability. If
the goods are out of stock or become unavailable, we will inform
you of this as soon as possible. No payment is taken if the goods
are unavailable at the time of order, and the order will not be
accepted.
4.2 The price you pay is the price displayed on this website at
the time we receive your order. Acceptance of your order dates from
the time we accept cleared payment.
4.3 Online payment can only be made through the PayPal™ system.
This is for your maximum protection. Goods will only be delivered
to a PayPal confirmed address, thus minimizing the risk of your
card being used illegally. In addition you will be covered by the
PayPal Buyer Protection scheme in addition to your normal rights.
4.4 Title to any products you order on this website shall pass to
you on delivery of the products provided that you have not canceled
the order.
4.5 All prices include VAT (where applicable) at the applicable
current rates but exclude delivery charges, unless expressly stated
otherwise.
5. Product Details
5.1 Product details on our website may change at any time. Please
check them at the time of ordering. If in doubt Contact
Us first to confirm the specifications.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and
all other intellectual property rights in all materials and/or content
made available as part of your use of this website shall remain
at all times vested in us or our licensors. You are permitted to
use this material only as expressly authorized by us or our licensors.
6.2 You acknowledge and agree that the material and content contained
within this website is made available for your personal noncommercial
use only and that you may only download such material and content
for the purpose of using this website. You further acknowledge that
any other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such
material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability
for death or personal injury caused by negligence, fraudulent misrepresentation,
or any other liability which may not otherwise be limited or excluded
under applicable law.
7.2 Subject to Section 7.1 above, Computer Hypermarket will use
reasonable endeavours to verify the accuracy of any information
on the site. Information is verified from multiple sources and/or
from our own direct experience. If errors or lack of clarity become
apparent they will be corrected at the earliest opportunity. However,
except for product descriptions used to influence your purchase(s)
we will not be liable to you for any loss or damage due to defects
of or misuse of information, defects of the website or host servers
that make it available (including virus infection or hacking) or
lack of availability of the website. We will not be responsible
or liable to you for any loss of content or material uploaded or
transmitted through the website.
7.3 This clause 7 does not affect your statutory rights as a consumer,
nor does it affect your contract cancellation rights.
7.4 We will take all reasonable precautions to keep the details
of your order and payment secure, but, unless we are negligent,
we cannot be held liable for any losses caused as a result of unauthorised
access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England
and any dispute between us will be resolved exclusively in the courts
of England. English is the only language offered for the conclusion
of the contract.
8.2 Computer Hypermarket shall be under no liability for any delay
or failure to deliver products or otherwise perform any obligation
as specified in these terms and conditions if the same is wholly
or partly caused whether directly or indirectly by circumstances
beyond its reasonable control.
8.3 ACCESS TO THIRD-PARTY SITES. To provide increased value to our
customers, we may provide links to other websites or resources for
you to access at your sole discretion. You acknowledge and agree
that, as you have chosen to enter the linked website we are not
responsible for the availability of such external sites or resources,
and do not review or endorse and are not responsible or liable,
directly or indirectly, for (i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or
services on or available from such websites or resources or (iii)
the use to which others make of these websites or resources, nor
for any damage, loss or offence caused or alleged to be caused by,
or in connection with, the use of or reliance on any such advertising,
content, products, goods or other materials or services available
on such external websites or resources.
8.4 You may not assign or subcontract any of your rights or obligations
under these terms and conditions or any related order for products
to any third party unless agreed upon in writing by Computer Hypermarket.
8.5 Computer Hypermarket reserves the right to transfer, assign,
novate or subcontract the benefit of the whole or part of any of
its rights or obligations under these terms and conditions or any
related contract to any third party.
8.6 If any portion of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in
part, the validity or enforceability of the other sections of these
terms and conditions shall not be affected.
8.7 These terms and conditions do not create or confer any rights
or benefits enforceable by any person that is not a party (within
the meaning of the U.K. Contracts (Rights of Third Parties) Act
1999) except:
a) the Computer Hypermarket (as defined below) shall have the right
to enforce any rights or benefits under these terms and conditions;
b) the Computer Hypermarket shall have the right to enforce and
take the benefit of the rights or benefits of any limitation or
exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section
8.8 above of the rights or benefits of these terms and conditions
may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required
for the parties to vary or rescind these terms and conditions (whether
or not in any way that varies or extinguishes rights or benefits
in favour of such third parties).
8.8 No delay or failure by Computer Hypermarket to exercise any
powers, rights or remedies under these terms and conditions will
operate as a waiver of them nor will any single or partial exercise
of any such powers, rights or remedies preclude any other or further
exercise of them. Any waiver to be effective must be in writing
and signed by an authorised representative of Computer Hypermarket.
END OF PROVISIONS
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