Netsaves Terms & Conditions

Introduction

Our terms and conditions (T&C’s) of business mean that when using our website, you agree to be legally bound by our terms and conditions. It is important you take the time to read the T&C’s as you will be asked to confirm agreement at the checkout.

NetSaves accepts no responsibility for errors, omissions or price changes. NetSaves also tries to ensure that product images are representative of the product for sale, however we accept no responsibility if the product in the image does not match exactly the product you purchase.

We reserve the right to change our T&C’s from time to time and so recommend you check them periodically. If you do not agree to any change to the T&C’s then you must immediately stop using the website.

Definitions

1.1 “Retailer” shall mean NetSaves its successors and assigns or any person acting on behalf of and with the authority of NetSaves.

1.2 “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.

1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by the Retailer to the Customer (and where the context so permits shall include any supply of Refurbished Goods or Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Retailer to the Customer.

1.5 “Services” shall mean all services supplied by the Retailer to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 “Refurbished Goods” shall mean Goods previously delivered to and returned by a 3rd party that have been serviced and thoroughly checked for appropriate use as designed by the manufacturer prior to delivery to the Customer.

1.7 “Price” shall mean the cost of the Goods as agreed between the Retailer and the Customer subject to clause 4 of this contract.

Application of these T&Cs to consumers

2.1 Where the Customer buys Goods as a consumer these terms and conditions (in particular clauses relating to Risk, Disclaimer, Defects Errors and Omissions, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

2.2 We reserve the right to change our T&C’s from time to time and so recommend you check them periodically. If you do not agree to any change to the T&C’s then you must immediately stop using the website.

Acceptance

3.1 Any instructions received by the Retailer from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Retailer shall constitute acceptance of the terms and conditions contained herein.

3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Retailer.

3.4 The Customer undertakes to give the Retailer at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.

Price and Payment

4.1 At the Retailer’s sole discretion the Price shall be either:

• (a) as indicated on invoices provided by the Retailer to the Customer in respect of Goods supplied; or
• (b) the Retailer’s quoted Price (subject to clause 4.2) which shall be binding upon the Retailer provided that the Customer shall accept the Retailer’s quotation in writing within thirty (30) days; or
• (c) as indicated on the Retailer’s website.

4.2 The Retailer reserves the right to change the Price in the event of a variation to the Retailer’s quotation.

4.3 Payment for the purchase of Goods:

• (a) shall be due at the time the Customer makes the purchase via the Retailer’s website; or
• (b) shall be due before delivery of the Goods in the event that the Customer purchases the Goods at the Retailer’s address; or
• (c) for approved Customers the due date for payment for the Goods (time shall be of the essence) will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

4.4 Payment will be made by credit / debit card, or by any other method as agreed to between the Customer and the Retailer. At NetSaves all our prices are inclusive of VAT unless stated otherwise.

4.5 Online-payment is over the internet and is processed by Paypal. When purchasing online, at no point can NetSaves see or access your credit card details. Please make sure when ordering online that your delivery address matches your cardholder details.

4.6 Telephone-payment by phone via our sales team 01757 705937. N.B. orders must be made by 12 noon to qualify for a next day delivery. Your cardholder registered address should match your delivery address, if it doesn’t match we will send you an invoice to the delivery address and you must call us back on receipt and tell us the order number before we can despatch the goods to you. This is to safeguard you against card theft.

4.7 All orders must be paid in full with cleared funds before dispatch. Please ensure you read all the T&C’s carefully before making an order.

4.8 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Delivery of Goods

5.1 All Deliveries to UK addresses are sent via the Royal Mail unless an item is particularly heavy, in which case we will use a courier. Depending on the value of the item we may also send the item Recorded or Special Delivery. Delivery usually takes between 2-5 working days from the date of dispatch.

5.2 Delivery will be made to the address given on the invoice. Once your payment is confirmed on our system, you will receive an email detailing your order number, which is also your invoice number and appears on your invoice, you will need this number to track your order or if you need to contact us, 01757 705937. The following will happen depending on the product(s) you have ordered

5.3 Items under 1kg will be posted via Royal Mail first class delivery, this service will take 2-3 working days.
5.4 Items over 1kg will be delivered within 3-5 working days by a delivery partner and you will be contacted to arrange a suitable delivery time.

Risk

6.1 If the Retailer retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.

6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Retailer is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Retailer is sufficient evidence of the Retailer’s rights to receive the insurance proceeds without the need for any person dealing with the Retailer to make further enquiries.

Title

7.1 It is the intention of the Retailer and agreed by the Customer that ownership of the Goods shall not pass until:

• (a) the Customer has paid all amounts owing for the particular Goods; and
• (b) the Customer has met all other obligations due by the Customer to the Retailer in respect of all contracts between the Retailer and the Customer.

7.2 Receipt by the Retailer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Retailer’s ownership or rights in respect of the Goods shall continue.

7.3 It is further agreed that:

• (a) where practicable the Goods shall be kept separate and identifiable until the Retailer shall have received payment and all other obligations of the Customer are met; and
• (b) until such time as ownership of the Goods shall pass from the Retailer to the Customer the Retailer may give notice in writing to the Customer to return the Goods or any of them to the Retailer. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
• (c) the Retailer shall have the right of stopping the Goods in transit whether or not delivery has been made; and
• (d) if the Customer fails to return the Goods to the Retailer then the Retailer or the Retailer’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and
• (e) the Customer is only a bailee of the Goods and until such time as the Retailer has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Retailer; and
• (f) the Customer shall not deal with the money of the Retailer in any way which may be adverse to the Retailer; and
• (g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Retailer; and
• (h) the Retailer can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
• (i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Retailer will be the owner of the end products.

Availability, Defects, Errors and Omissions

8.1 The Customer shall inspect the Goods on delivery and shall within forty-eight (48) hours notify the Retailer of any alleged, defect, shortage in quantity, damage or error/failure to comply with the description or quote. The Customer shall afford the Retailer an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Retailer has agreed in writing that the Customer is entitled to reject, the Retailer’s liability is limited to either (at the Retailer’s discretion) replacing the Goods or repairing the Goods.

8.2 No Goods shall be accepted for return except in accordance with 8.1 above.

8.3 We cannot always guarantee that products shown on our website are immediately available to purchase. If an item you have chosen is unavailable we will contact you within 48 hours.

8.4 If a product is unavailable, we reserve the right to substitute the item for a similar product at no extra cost to you. However if you are unhappy with the substituted item, you can return the product at no extra cost to you (see returns policy).

8.5 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof, including products) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to, or withdrawal of, the website.

Returns

9.1 Returns will only be accepted provided that:

• (a) the Customer has complied with the provisions of clause 8.1; and
• (b) the Retailer has agreed in writing to accept the return of the Goods; and
• (c) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
• (d) the Retailer will not be liable for Goods which have not been stored or used in a proper manner; and
• (e) the Goods are returned in the condition and original packaging in which they were delivered and with instruction material, power adaptors, free gifts etc.; and
• (f) the Customer will be liable for any initial delivery costs that were borne by the Retailer.

9.2 The Retailer may (at its discretion) accept the return of non-defective Goods for credit or refund but this will incur a handling fee from 15% of the value of the returned Goods plus any costs of freight.

9.3 The Retailer will not accept the return of non-defective Goods for credit when the Customer has purchased the Goods via means of an auction.

9.4 Please note that goods purchased over the phone or in our showroom are exchanged at the Manager’s discretion and maybe subject to a restocking fee. These must be returned within seven days of purchase.

9.5 Special orders are goods that are not normally stocked and have been ordered specifically for the customer. Therefore they are not eligible for return or refund. This does not affect your statutory rights if the product is faulty.

9.6 Please note clearance or offer products are classed as 'one off' special order items and therefore are non-returnable and non-refundable. This does not affect your statutory rights if the product is faulty.

Warranty

10.1 Warranty and guarantees cover mainland UK addresses, however, non mainland UK and offshore addresses may not be covered please call sales for clarification, 01757 705937.

10.2 In the case of Clearance or Offer Goods, the Customer acknowledges that they have had full opportunity to inspect the same and accepts the same with any cosmetic damages, including but not limited to, marks, scratches or dents and the Retailer shall not be responsible for any loss or damage caused by the Goods, or any part thereof however arising.

10.3 Subject to the conditions of warranty set out in Clause 10.1 the Retailer warrants that if any defect of any Clearance or Offer Goods becomes apparent and is reported to the Retailer within six (6) months of the date of delivery (time being of the essence) then the Retailer will either (at the Retailer’s sole discretion) repair the defect or replace the Goods. In the first instance, the Retailer will attempt to diagnose the fault by troubleshooting the fault with the Customer on the telephone. Where the fault can be repaired by the Customer, the Retailer will send any replacement parts to the Customer for the Customer to fit. In the event of a problem needing to be resolved by the Retailer’s technicians, the Customer shall be liable for the ‘return to base’ costs. The cost of labour shall be covered by the agreed warranty.

10.4 The NetSaves warranty are a limited parts, labour and return to base warranty and conditions applicable to the warranty are:

• (a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
  • (i) Failure on the part of the Customer to properly maintain any Goods; or
  • (ii) Failure on the part of the Customer to follow any instructions or guidelines provided by the Retailer or Manufacturer; or
  • (iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
  • (iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
  • (v) Fair wear and tear, any accident or act of God.
• (b) The warranty shall not cover any cosmetic damage or any parts from the Retailer’s limited warranty parts list (available on request).
• (c) The warranty shall cease and the Retailer shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered or overhauled without the Retailer’s consent.
• (d) In respect of all claims the Retailer shall not be liable to compensate the Customer for any delay in either replacing or repairing the Refurbished Goods or in properly assessing the Customer’s claim.
• (e) The warranty does not provide for the repair of a product in the customers home.
• (f) If the product needs to be returned to us for repair the customer must cover the cost of collection and return delivery plus any delivery surcharges.

Sale of Goods Act 1979 and Supply of Goods and Services Act 1982

11.1 This agreement is subject to the provisions of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (or any replacement or re-enactment thereof) in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).

11.2 Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.

Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.

12.2 The Retailer may charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

12.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Retailer from and against all costs and disbursements incurred by the Retailer in pursuing the debt including legal costs on a solicitor and own client basis and the Retailer’s collection agency costs.

12.4 Without prejudice to any other remedies the Retailer may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Retailer may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Retailer will not be liable to the Customer for any loss or damage the Customer suffers because the Retailer exercised its rights under this clause.

12.5 If any account remains overdue after thirty (30) days then an amount of ₤20.00 shall be levied as an administration fee and shall be levied for each month that the account remains overdue, which sums shall become immediately due and payable.

12.6 Without prejudice to the Retailer’s other remedies at law the Retailer shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Retailer shall, whether or not due for payment, become immediately payable in the event that:

• (a) any money payable to the Retailer becomes overdue, or in the Retailer’s opinion the Customer will be unable to meet its payments as they fall due; or
• (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
• (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Security and Charge

13.1 Despite anything to the contrary contained herein or any other rights which the Retailer may have howsoever:

• (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Retailer or the Retailer’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Retailer (or the Retailer’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
• (b) should the Retailer elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Retailer from and against all the Retailer’s costs and disbursements including legal costs on a solicitor and own client basis.
• (c) The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Retailer or the Retailer’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.

Consumer Protection (Distance Selling) Regulations 2000 (DSRs)

14.1 Where the Customer purchases Goods as a consumer under the DSR’s, the Customer shall be entitled to cancel this contract for any reason without penalty within seven (7) days of the date of delivery of the Goods. Cancellation of orders for custom-made or clearly personalised Goods, Goods made to the Customer’s specifications, Goods purchased by means of an auction, or Goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, will definitely not be accepted.

14.2 In the event the Customer cancels any contract prior to delivery of the Goods (and the Goods are in transit), the Customer must refuse delivery of the Goods.

14.3 Upon cancellation, it shall be the Customer’s responsibility to return the Goods (at their own cost) to the Retailer. The Retailer may, at their sole discretion, arrange collection of the Goods and any costs incurred shall be deducted from the Customer’s refund.

14.4 The Customer is under a statutory duty to retain possession of the Goods and take reasonable care of them. Reasonable care means the Customer must take care to ensure that the Retailer receives the returned Goods, and that those Goods are not damaged in transit.

14.5 The Retailer shall refund the Customer the full amount paid for the Goods (less any costs to collect the Goods and where necessary, any re-stocking fee) within thirty (30) days of receipt of the cancellation notice.

Cancellation (Where clause 14 is not applicable)

15.1 The Retailer may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Retailer shall repay to the Customer any sums paid in respect of the Price. The Retailer shall not be liable for any loss or damage whatever arising from such cancellation.

15.2 In the event that the Customer cancels delivery of Goods, the Customer shall be liable for any loss incurred by the Retailer (including, but not limited to, any loss of profits) up to the time of cancellation.

15.3 You have the right to cancel your order and receive a full refund prior to goods being dispatched.

15.4 If goods have been dispatched you have the right to return them and our return policy applies. The goods must be returned in perfect condition and in the original packaging including any free gifts sent with the order.

15.5 NetSaves reserve the right not to accept the goods at our warehouse and/or not to issue a refund or credit note. If the goods have been removed from their original packaging or assembled, your right to cancel may be forfeited.

Data Protection Act 1998

16.1 The Customer and the Guarantor/s (if separate to the Customer) authorises the Retailer to:

• (a) collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
• (b) to disclose information about the Customer, whether collected by the Retailer from the Customer directly or obtained by the Retailer from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer on publicly accessible credit reporting databases.

16.2 The Retailer may also use information about the Customer to monitor and analyse its business. In this connection the Customer authorises the Retailer to disclose personal information to agents or third parties engaged by the Retailer.

16.3 The Customer consents to the transfer of information outside of the European Economic Area for the purposes listed above.

16.4 Where the Customer is an individual the authorities under (clause16.1) are authorities or consents for the purposes of the Data Protection Act 1998.

16.5 The Customer shall have the right to request the Retailer for a copy of the information about the Customer retained by the Retailer and the right to request the Retailer to correct any incorrect information about the Customer held by the Retailer.

Limitation of Liability

17.1 The Retailer shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Customer or any third party arising out of a breach by the Retailer of these terms and conditions.

17.2 In the event of any breach of this contract by the Retailer the remedies of the Customer shall be limited to damages and the Retailer’s liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or of any duty owed to the Customer in connection with them shall be limited to the amount of the Price.

17.3 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the Retailer's liability to any person for death or personal injury to that person resulting from the Retailer's negligence.

Unpaid Retailer's Rights

18.1 Where the Customer has left any item with the Retailer for repair, modification, exchange or for the Retailer to perform any other Service in relation to the item and the Retailer has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Retailer shall have:

• (a) a lien on the item; and
• (b) the right to retain the item for the Price while the Retailer is in possession of the item; and
• (c) a right to sell the item.

18.2 The lien of the Retailer shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

Customers Disclaimer

19.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Retailer. The Customer acknowledges that the Goods (including refurbished Goods) are bought relying solely upon the Customer’s skill and judgment.

General

20.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England and Wales.

20.3 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Retailer.

20.4 The Retailer may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

20.5 The Retailer reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Retailer notifies the Customer of such change. Except where the Retailer supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to accept such changes.

20.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.