Standard Terms and Conditions for Sale of Goods and Services

1 . Definitions

1.1 Throughout these terms and conditions the purchaser is referred to as 'you' and iDEAL PCs is referred to as 'we', 'us' or 'our'. 'The parties' means you and us, collectively.

1.2 'Consumer' means a natural person acting for purposes that are outside his business.

1.3 'Mail Order Purchase' or 'Mail Order Purchases' means any circumstance where an agreement for the supply of goods or services by us to you was concluded without both parties being simultaneously physically present.

1.4 'RTB' (Return To Base) means the purchaser will pay for all courier costs to and from the company's premises in order for work to be carried out under the terms of the warranty. A courier collection and return service is available for £49.00 including VAT.

1.5 'SMA' (Shared Memory Access) means that the PC Graphics are on-board the motherboard and share part of the system memory (up to 128 MB).

2. Entire Agreement

2.1 These terms and conditions shall apply to any quotation or invoice that we may give you and to any transaction where we supply any goods or services to you. These terms apply to the entire exclusion of any other terms and conditions that you may proffer.

2.2 These terms contain the entire agreement between us and you (hereafter 'the Agreement'). No addition, alteration, substitution or waiver of these terms shall be valid unless we have expressly agreed to that in writing.

2.3 No agreement concluded between the parties shall be effective until we issue a confirmation of that order in writing (the 'Order Confirmation'). The date upon which any contract for the sale of products or services is concluded shall be deemed to be the date of the Order Confirmation.

3. Cancellation

3.1 Once you have placed an order on us and we have accepted the order by issuing an Order Confirmation or otherwise communicating our acceptance to you, you may not cancel that order either in whole or in part without our consent other than in the circumstances expressly provided below.

3.2 If we allow you to cancel the Agreement our agreement to do so is conditional upon your returning the goods to us in clean, unmodified and saleable condition.

3.3 You shall bear the cost of transporting the returned goods back to us unless you are a Consumer who has purchased goods from us by Mail Order Purchase and we have substituted goods of equal value in place of the goods you ordered and you subsequently cancel the agreement. In those exceptional circumstances only, we will refund your costs of transporting the goods back to us. In all cases, you bear full risk to the goods during transportation until we take delivery therof.

3.4 We try to deliver goods within 7 days of the Agreement being concluded but any delay in delivery of the goods shall not be an acceptable reason for your terminating the Agreement unless we are unable to deliver the goods or perform our obligations under the Agreement within 60 days of the Agreement being concluded. If we fail to do so we will contact you before the end of the period and offer you a full refund.

3.5 You may not cancel any agreement for the sale of audio or video recordings or computer software if they were supplied to you sealed and you have unsealed those items.

3.6 You may not cancel any agreement for the sale of goods that were manufactured, assembled or modified to your particular specifications or which are clearly personalised.

3.7 Mail Order Purchases Only

3.7.1 In the case of Mail Order Purchases of goods you may cancel the Agreement within a period of 7 working days beginning with the day after the day on which you received a copy of these terms and conditions or the day on which you received the goods, whichever is the later but in any circumstances you may not cancel later than three months and seven working days from the date on which you received the goods.

3.7.2 In the case of Mail Order Purchases of services and only where we have not yet commenced the supply of those services to you then you may cancel the agreement within 7 working days beginning with the day after the day on which the contract was concluded.

4. Price

4.1 Unless otherwise stated on any invoices and quotations, the stated price excludes Value Added Tax, carriage and delivery charges and any insurance costs.

4.2 If the rate of Value Added Tax increases between the date of your order and the date of delivery then the necessary additional amount of Value Added Tax will be added to the price of the goods.

4.3 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of either accepting the price increase or cancelling the order within 7 days of your receipt of the notice, in which case any amounts you have paid will be refunded in full.

5. Payment

5.1 Unless we agree otherwise with you and record our agreement in writing, the goods must be paid for in full before delivery. We may, in our sole discretion, agree to extend you credit in which case payment will be due 30 days of the invoice date without further notice. The time of your payment is of the essence of the Agreement. We may suspend any delivery or provision of services to you until we receive full payment in cleared funds.

5.2 If we extend you credit and your payment is late and you are not a consumer then we will charge you interest at the prevailing rate calculated according to the late Payment of Commercial Debts legislation or 12% per annum (whichever amount is the greater) and if you are a Consumer, we shall charge you interest on the late amount at 2% above the prevailing base rate of the Bank of England. In either case, you indemnify us for any reasonable additional costs of recovering the payment that we may incur.

5.3 Payment by any means other than legal tender is subject to our approval. If you pay by credit or debit card a service charge of 3.5% shall apply but we will allow you an equivalent discount on the price of the goods or services so that the final amount you pay is the same. The service charge is not refundable in any circumstances.

5.4 You may not deduct or set off any sums that we may owe you against any invoice we render without our prior agreement in writing.

6. Delivery & Acceptance

6.1 Any delivery period we may state to you is an approximate time only. Time of delivery shall not be of the essence of the Agreement.

6.2 Delivery will be made to the location that you designate. It is your responsibility to ensure that a responsible person is available to accept the delivery and to secure the goods at the delivery location.

6.3 If you refuse delivery without our agreement you must pay our expenses or loss resulting from that refusal.

6.4 When the price quoted includes delivery we will repair or replace at no charge to you any goods that are damaged in transit provided that you give us notice in writing of such damage within three days of the delivery but not otherwise.

6.5 On delivery you must inspect the goods for defects or non-conformity and advise us of any problems within 7 working days after which you will be deemed to have accepted.

the goods and we may agree to their return at our sole discretion only. This clause may not apply to Mail Order Purchases by Consumers

7. Faulty Goods

7.1 If there is a fault with your goods within the applicable warranty period and we manufactured or assembled the goods we will normally offer a prompt repair, exchange or refund. If we are not the manufacturer/assembler then your claim lies against the manufacturer and the manufacturer's warranty period and their terms and conditions shall apply. We may agree to act as your agent in dealing with the manufacturer for this purpose or we may require that you contact the manufacturer directly.

7.2 The applicable warranty periods referred to above for goods we have manufactured or assembled are as follows:

7.2.1 Computer Base Unit (Tower) – 12 months parts and labour (our warranty)

7.2.2 All other goods – 12 months parts and labour (our warranty)

7.3 You must return the faulty goods at your expense to us at 15 High Street Ware, Herts, SG12 9BP or such other address as we may designate.

7.4 Any warranty we may offer in respect of goods we have manufactured, assembled or supplied shall be rendered void if any seal on the goods is broken, if any unauthorised repairs have been attempted or effected, if the goods have been mishandled or damaged or if any inappropriate third party software has been installed.

8. Other

8.1 Ownership of the goods shall not pass to you until you have paid us in full for those goods. Payment for the purposes of this clause means legal tender or cleared funds through the United Kingdom banking system. Nevertheless, the risk in the goods shall pass to you upon delivery of the goods to you or at premises nominated by you.

8.2 We may assign our rights and obligations under the Agreement or to sub-contract the performance of any order in whole or in part. You may not, however, assign your rights or obligations to us under this Agreement without our consent in writing.

8.3 The Agreement shall in all respects be construed according to and governed by the law of England and Wales and the parties both agree to submit to the jurisdiction of the courts of England and Wales.

8.4 We are not liable for our failure to perform any of our obligations to you where such failure is caused by 8.5 circumstances beyond our reasonable control.

8.5 Nothing in these conditions shall affect the statutory rights of a Consumer under the relevant legislation in the United Kingdom.

8.6 Any unenforceable or invalid provision or portion contained in the Agreement shall be deemed severed from the valid provisions, which shall remain in full force and effect.

8.7 Any complaint about our products or services should be made in writing and be sent to The Manager, iDEAL PCs, 15 High Street Ware, Herts, SG12 9BP.

8.8 All notices given under the terms of this agreement shall be in writing.

8.9 The headings in this document are included for convenience only and shall not affect the interpretation of the content.

9. Termination

9.1 We may terminate the Agreement with immediate notice to you (in writing) if you fail to pay us on time or if we have a good reason to believe you have breached export control laws. Either party may terminate the Agreement by giving 30 days notice (in writing) of the termination to the other or if the other commits a material or persistent breach of the Agreement and has failed to remedy such breach within 30 days of receiving written notice from the other to do or becomes insolvent or is unable to pay debts as they fall due.

10. Limitation of Liability

10.1 We shall not under any circumstances be liable for any indirect or consequential losses howsoever caused whether by negligence, breach of control, misrepresentation or otherwise and the maximum amount of the our liability to you shall in any event be limited to the value stated in the Order Confirmation or £100,whichever amount is the greater.

11. Our Website

11.1 The content of our website is copyright. We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content. Reproduction of material or content is prohibited. You may not create a link to our website without our consent.

12. Repairs and Upgrades

12.1 We are not responsible for any loss of data or corruption of software on your PC / Laptop or Server whilst it is in our care for the purpose of effecting a repair or upgrade. It is your responsibility to back up all your data prior to releasing your equipment to us.

12.2 In the event we are assigned to undertake data recovery on your behalf, we will endeavour to back up all available data as requested but we are not responsible for any data loss or corrupted data. It is your responsibility to back up all your data prior to releasing your equipment to us.

13. Software support

13.1 We offer limited customer support services for software that we sell you only in circumstances where software support is not available to you from the software manufacturer and only for the first year after purchase. Our liability for negligent advice is limited to the replacement value of the software in respect of which support is offered. If you install third party software that interacts with the software we have supplied we may require you to first approach the manufacturers of the other software before approaching us for support where we reasonably believe that the perceived fault may be caused by the third party software.

14. Software

14.1 Any software supplied is subject to licence and (where applicable) to the warranty of the software licensor. We will enclose the software licence with the software and you shall comply with that licence. If you choose not to accept the software licence you must immediately cease to use the goods and inform us forthwith. We will only accept the return of the entire product for refund.

15. Disclaimer

15.1 From time-to-time we provide written instructions on the installation of certain goods ('the Guide') in order to assist you. The Guide is prepared and provided to you in good faith. Our liability for any damage of any kind that may result from any error that may appear in the Guide, is strictly limited to the value of the goods or service in conjunction with which the Guide was provided to you or £100, whichever amount is the greater. We expressly do not accept liability for indirect or consequential loss, loss of business profits, salary, revenue, savings, damage that we remedy within a reasonable time, any loss that you could have avoided through your reasonable conduct including backing-up any data and following our reasonable advice generally and any items excluded from our warranty or by force majeure. We do not exclude liability for personal injury or death.