|Everything we sell to you and all the
advice and product information provided are governed by our terms and
conditions of sale. It is strongly advisable that you read and understand
our terms and conditions prior to purchasing. If there is any assistance
you need regarding our terms and conditions please email our customer
services department with your query.|
|7 Day Money Back
Under the Distance Selling Regulations you have a 7 working day cooling-off
period starting from the day after receipt to cancel the order
for all retail mail order transactions excluding
trade/business transactions, all computers and items specifically built/assembled
for you, delivery charges*, unsealed software or movies and
Delivery service is contracted-out to a third party courier and is a
separate contract that is deemed to have begun and been completed before
the end of the cooling-off period, this excludes our standard 3-5 day
To return goods you must send us written confirmation within the cooling-off period. You will be responsible for the
cost of returning the items (or our costs for collecting them) and they
must be returned complete and as new as otherwise a handling charge may apply at our
At Eclipse Computers (Eclipse Computer Supplies Ltd t/a Eclipse Computers), we take your right to privacy seriously.
We will ask you for personal information about yourself (e.g. name and address etc.) when you register or place an order with us. We only use this information for our own purposes (e.g. for the transaction, send our email newsletters/special offers etc.) and will not supply any of your information to any other third party without your prior consent unless we are obliged or permitted by law to disclose it.
For every visitor on our website we automatically track user visits by non-identifiable individual data, we use this data for our own statistical purposes.
For your convenience we keep limited details of your previous visits (these details include items in your shopping cart, your previously viewed items, your compare list, your customised computer selections etc.). This information is automatically collected, maintained for a limited period and then deleted.
the following words and phrases appear in these Terms and Conditions
they will always have the following meanings:-
- You, Your - The Customer purchasing the Goods.
- We, Our, Us - The Seller Eclipse Computer
Supplies Limited, Registered Office, Eclipse House, 106 St Nicholas
Street, Radford, Coventry, CV1 4BT.
- Cleared Funds - Payment by the following
methods is deemed to represent Cleared Funds:- Cash, Debit Cards where
validity and payment can be confirmed, Cheques supported by a valid
Guarantee Card not exceeding the limit authorised by the Guarantee
Card, Credit Cards where validity, identity and payment can be
confirmed and where a Handling Charge of 2.5% is paid by You in
addition to the price of the Goods, Banker's Drafts and cleared Direct
Bank Transfers, in both cases where payment has been authenticated by
the relevant Bank/Building Society, Postal Orders.
- Consumer - A person purchasing Goods from Us
who is not purchasing for the purpose of a business, organisation or
Official Authority and is not a Limited Company, PLC, Government
Department, Organisation (whether Corporate or Unincorporated) or
- Delivery Date - Where we have agreed to
deliver the Goods to You, the date which is agreed for delivery.
- The Goods - The items and/or equipment sold
or to be sold by Us to You.
- Services and Advice - Any Service and any
Advice in connection with the Goods, whether given before or after
Purchase (but not in any case including commissioning of Goods) which
We may provide or have provided or agree or have agreed to provide to
- Trade Customer - A purchaser who is not a
We have agreed to sell the Goods to You and You have agreed to purchase
them from Us on the basis of these Terms and Conditions and You acknowledge
that You have been given a sufficient opportunity to read and understand
these Terms and Conditions prior to or upon ordering the Goods and/or
Services and Advice.
No other Terms and Conditions stipulated or referred to by You verbally or
in any documentation whether signed or otherwise shall be incorporated at any
time into any agreement between Us.
- Our Responsibilities
- Description of Goods:- We will supply the
Goods in accordance with the written description given on Our
invoice except if such is not reasonably practicable in which case we
will supply an alternative of equivalent or superior quality and
specification. Any information, illustration and/or specification given
Us on our internet site or verbally should be taken as a guide only and
is not contractually binding.
- Delivery:- If so agreed, We will deliver the
Goods to You. The Delivery Date should be taken as the anticipated
date of delivery but it is an estimate only and should not be taken as
contractually binding. Whereas we will make reasonable efforts to
deliver the Goods on the Delivery Date or shortly before or after that
date We will not be liable for late delivery arising due to factors
outside Our direct control, stock availability or due to
default of Our Sub-Contractors for which we are not to blame. Time of
delivery shall not be of the essence in the Contract. We reserve the
absolute right to cancel delivery of any goods where payment by You
has not been made in accordance with the Contract or where any
security check has proved negative. In regard to Trade Customers no
liability shall attach to Us for any losses arising from failed or
late delivery or for damage to Goods during delivery.
- Services and Advice:- We try wherever
possible to supply Services and Advice to all Our customers but We
accept no contractual obligation to do so and We accept no liability
for any Services and Advice supplied to You in connection with the
Goods. We are not responsible to commission or to ensure the
compatibility of the Goods with any system, software or equipment with
which You intend or attempt to use Goods.
- Our Contract:- When You place an order with Us, Your order represents
Your offer to purchase from Us and is not contractually and/or legally
binding until You receive the actual delivery of the order.
Your order is processed through various phases including order notification/s,
payment/s and security check/s, none of these phases represent Our
acceptance of Your order.
- Your Responsibilities
- Payment:- Unless otherwise agreed in writing,
you must make Payment in Cleared Funds of the Goods and/or services on
placing an Order and the Goods will not be supplied until such
Payments have been made. In the case of failed Payment or negative
security checks the Contract between us shall be cancelled and we will
have no obligation to supply or deliver the Goods to you but this is
without prejudice to our rights for compensation and/or damages for
breach of Contract.
- Credit Account:- If agreed in writing, You
may at Our discretion have a Credit Account the terms of which shall
be agreed and recorded between us. If such is the case, You will be
liable to make payment in full for all of the Goods on the due date
under the Credit Agreement and no set off or reduction will be allowed
for non-delivery, partial delivery, damage, alleged defects or
otherwise to the Goods. Time for payment shall be of the essence which
means that the Contract and Our liabilities thereunder (but without
prejudice to any liability You may have to Us) shall be terminated at
Our option if You do not make payment in accordance with the terms of
the Credit Account.
- Delivery Dates are estimated only unless
expressly quoted by Us in writing.
- You are responsible for accepting delivery
at such location as has been agreed with Us. If Payment has been
made by credit/debit charge we reserve the right to deliver to the
name and address registered on the Credit/Debit Card.
- Any request for change to Delivery Date or
location must be notified to Us in writing as soon as practicable
and in any event not less than 48 hours before the Delivery Date.
- We will make reasonable efforts to
accommodate Your reasonable requests for change of the Delivery Date
but You will be liable for any additional costs incurred by Us as a
- In the event of a failed payment or failed
security check we will not be responsible for any delay in delivery
or failure to deliver.
- The timed delivery service you select
starts from the date we despatch the order and not from the date the
order is placed.
- Installation, maintenance and compatibility:-
You are responsible for ensuring that the Goods are properly
installed, commissioned and maintained and that they are compatible
with any equipment or system with which You use or attempt to use
- Confirmation of Order:- You must ensure that
any written confirmation of any Order is clearly marked as
confirmation of an existing Order. Any written Orders not so marked
may (at Our absolute discretion) be treated as Second Orders for which
You must pay and to which these Terms and Conditions will apply.
- Reporting of Damages/Omissions:- Any damages,
omissions, defects or errors in Goods delivered to You must be
reported by You within 3 days of receipt of the Goods using a Recorded
Delivery method and in the absence of such Report you will have no
claim for damages, refund, replacement or otherwise in relation to the
- Return of Goods:- If Goods are returned to Us
by You or by a person acting on Your behalf then it is Your
responsibility to ensure that the Goods are returned in the same
condition as they were when supplied to You without any damage,
omission or otherwise. You will be solely liable for the risk of loss
or damage to the Goods in transit and the Goods must be returned in
the original boxes, with manual, Drivers Disk and any other
accessories provided with the Goods when supplied.
- Counter Sales:- You must make adequate checks
with Us for damages, omissions, errors and shortages before leaving
the internal sales area of Our premises or internal Customer Services
Area with the Goods.
- Prior to returning items with Data held on
them You must make adequate back up of data for which we shall not be
- You must take reasonable precautions to back
up data at regular intervals as We cannot be held liable for loss
whether consequential or otherwise if the component fails causing data
- Marking of Returns:- If Goods are returned to
us they must be returned with an RMA Number (Return Merchandise
Authorisation Number) which can be obtained from Our Customer Services
Department by email, telephone, letter of fax. All Goods
should be clearly marked with the RMA Number on the packaging.
You must also leave any labels (Batch Number/Bar Code/Serial
Numbers/Security Seals) on the Goods and/or on their packaging. If
such are removed or damaged then we reserve the right to reject the
return or invalidate any Warranty or claim to refund or damages by
You. On returning Goods you must provide a written description of the
defect which you claim is covered under Warranty.
- Our Rights
- Title to Goods:- We shall retain full title
and ownership of the Goods and of any other items which You may have
received or which You may receive from Us until all and any sums
actually due or agreed to fall due in the future from You to Us
(whether in respect of these Goods or otherwise) have been paid in
full. You remain solely responsible for the Goods whilst they are in
your possession, custody or control or in the possession, custody or
control of any third party whether such third party has obtained
possession, custody or control with your consent or not.
- Return of Goods:- You will be liable to
compensate us for depreciation in value to Goods damaged,or loss of
the Goods, charges incurred for collection/retrieval of the Goods and
Our reasonable administrative and/or legal costs. If You fail to pay
to Us any sum due by the date agreed for payment We reserve the right
to demand return of the Goods which must be returned together with all
hardware, software, manuals, disks, boxes and other items supplied
with the Goods in the same condition as they were in when delivered to
- Late Payment:- We reserve the right to charge
interest at 3% per annum above the base rate of Barclays Bank Plc at
the time of default on payment and from time to time thereafter until
payment is made in full.
- Cancellation of Order:- If You cancel any
Order, We reserve the right to charge the greater of £50.00 or Our
actual loss of profit, costs and expenses caused by the cancellation.
You must obtain a Cancellation Number from Us to make an Cancellation
of Order valid.
- Uncollected Goods:- Which have been ordered
or returned may be disposed of by Us after 90 days without liability
to You. Whilst we hold such Goods, we will not be liable for any
damage or theft or the Goods unless such is covered by our Insurers
and liability accepted by them or such be proved to be Our fault.
- Pricing :- We reserve to right to vary Our prices between our sales departments, including but not limited to Our online, mail order, retail
store and trade store departments.
- Your Rights
- If you are purchasing as a Consumer (by
which we mean somebody who is not purchasing for the purpose of a
business), You may, if agreed in writing with ourselves, have the
benefit of a Warranty of up to 12 months, or such lesser period as
may have been agreed.
- Our liability to You under Warranty extends
to parts and labour but is limited to cases where the Goods are
proved to Our satisfaction not to be functioning properly and where
the Goods have been properly installed, maintained and commissioned
by You and are compatible with any equipment or system with which
You have used or attempted to use them.
- To make a claim under Warranty, You must
notify Us in writing, telephone, email or fax Customer Services
of the alleged fault as soon as it is detected and You must provide
full and proper details. You must allow Us a reasonable opportunity
to inspect and test the Goods at Our premises or elsewhere as We may
- If the Goods are proved to be faulty in the
circumstances stated in (ii) above and You have followed the
procedure in (iii) above, We will either repair the Goods or at Our
discretion we will replace the Goods with others of equivalent or
superior specifications which need not be from the same Manufacturer
and which may be repaired, refurbished, second hand or ex-demo
- If You make a claim under Warranty but the
Goods are found not to be faulty, (amount to be at Our discretion)
shall be charged to You and shall be payable prior to the return of
the Goods to You over which we shall exercise a Lien (a right to
retain the Goods) until payment of any other sums due from You to Us
whether in respect of the Goods or otherwise.
- Where the Goods comprise components which
are separate or capable of being separated any Warranty shall apply
to each such part separately and Our obligations to replace or
repair (if any) shall only extend to the component which is proved
to be faulty and not to the whole of the Goods.
- Any extended and/or enhanced warranty
provided by any third party including the Manufacturers
Extended and/or Onsite warranty is to be dealt with
by You and the third party only.
- The Warranty under Clause 6 (a) hereof is
valid only with proper use and instalation of the product by You and
does not cover any part of any Product or complete Product which has
been modified with Our consent or which has been subjected to
unusual physical, electrical or other stress or where such repair is
required as a result of causes other than the ordinary use or
- If You are purchasing as a Consumer You may
have a right to refund of the monies paid by You in respect of the
Goods in the following circumstances (but not otherwise):-
- If the Goods are proved to have been
faulty at the time of supply and cannot be reasonably repaired or
replaced (whether by new, refurbished ex-demo Goods or otherwise)
- You have notified us in writing
immediately or so soon thereafter as practicable upon becoming
aware of the fault giving precise details of the fault alleged and
- You have followed the correct procedure
specified in 4 (g) above in ensuring return of the Goods.
- You have allowed us to test the Goods at
our Premises or elsewhere as we may specify and
- A test fee may be payable for functioning
Good returned to us for testing. Test fee rates can be quoted at a
time when you return the Goods.
- Functioning Goods returned for refunds
will be accepted at our complete discretion. A minimum restocking
charge of 25% of the original price of the Goods shall be charged
if we accept the functioning Goods for a refund.
- If Goods are returned by a Trade Customer
the buyer shall be entirely responsible for the cost and risk of
transporting Goods to Us.
- In clause (i) above "faulty" shall mean
that the Goods or any component of them do/does not function at all
or malfunctions to such an extent that they are incapable of
reasonable use for any purpose.
- We may at Our discretion replace or repair
the Goods rather than giving a refund and if part only of the Goods
is faulty the amount of the refund shall be limited to the value of
the component effected.
- Fitness for the purpose:-
- If You have a particular purpose in mind
for the Goods, We will not be liable if the Goods are not reasonably
fit for that specific purpose unless We have been advised of the
specific purpose in reasonable detail by You in writing before or at
the time when you placed your Order with Us and have agreed in
writing to be so liable. Otherwise, our liability for fitness for
the purpose shall be that the Goods supplied will be fit for the
purpose of which such Goods are generally supplied and shall not be
any more specific than that.
- Statutory Rights:-
- Nothing in these Terms and Conditions shall
operate to diminish or limit Our liability for Death/Personal Injury
of which we might be liable apart from the Terms and Conditions.
- Trade Customers. If you are dealing as a
Trade Customer, then:-
- Your Statutory Rights under Sale of Goods
Act 1979 (as amended by the Sale and Supply of Goods Act 1994),
the Sale and Supply of Goods and Services Act 1982 and any
legislation or Statutory Instruments which may be made thereunder
or which may repeal or amend such, shall in all cases be limited
to the rights provided in these Terms and Conditions.
- Without prejudice to (i) above, Your
Statutory Rights shall be further limited by Clauses 3, 4 and 5 of
these Terms and Conditions. Save as stated in (ii) above, Your
Statutory Rights shall be confined to the rights confirmed in and
shall be limited by clause 3, 4 and 5 of these Terms and
- If you are dealing as a Consumer then your
Statutory Rights are not affected.
- Limitation of liability to Trade
Customers:- In respect of Trade Customers any liability for defects
to Goods, failure to deliver, errors in description, omissions or
liability shall be limited to the price of the Goods paid by You.
- Terms and Conditions to be Read Separately
Each and every clause and element of clause in these Terms and Conditions shall, so far as reasonably practicable, be
construed separately from any other clause or part of clause in these Terms and Conditions and shall if necessary be
- Indemnity as to Costs and Expenses
- In the event that you make any claim, whether for repair, replacement, refund or damages or otherwise, in respect of the goods and whether arising from these Terms and Conditions or otherwise, You shall be liable to pay to Us the amount of any costs, expenses, legal fees and disbursements which we may incur should we have to expend monies in considering or defending any such claim which is not proved to have been correctly made.
- In the event that You fail to make payment in
accordance with these Terms and Conditions or in any other way are in
breach of the Terms of Your Contract with Us, You shall be liable to
pay to Us monetary compensation for any loss or damages, including
consequential loss, loss of business and loss of profits, arising from
or in connection with Your breach of Contract, to include all losses
which actually occur whether foreseeable to You or not and in addition
You shall be liable to pay to Us the amount of any costs, expenses,
legal fees and disbursements which We may incur should We have to
expend monies in bringing any claim against You whether in
correspondence, through proceedings, enforcement or otherwise.