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This agreement applies as between you, the User of this Web
Site and Specialtech.co.uk , the owner(s) of this Web Site. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your first use of
the Web Site. If you do not agree to be bound by these Terms and Conditions,
you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that
offer is deemed to occur upon our sending a dispatch email to you indicating
that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
“Account” |
means
collectively the personal information, Payment Information and credentials
used by Users to access Paid Content and / or any communications System on
the Web Site; |
“Carrier” |
means any third
party responsible for transporting purchased Goods from our Premises to
customers; |
“Content” |
means any text,
graphics, images, audio, video, software, data compilations and any other
form of information capable of being stored in a computer that appears on or
forms part of this Web Site; |
“Goods” |
means any
products that Specialtech.co.uk advertises and / or makes available for sale through
this Web Site; |
“Specialtech.co.uk” |
means Specialtech Ltd, Unit 1, Ynys Dawel, Solva, Haverfordwest,
Pembrokeshire SA62 6UF. |
“Service” |
means
collectively any online facilities, tools, services or information that Specialtech.co.uk makes available through the Web Site either now
or in the future; |
“Payment Information” |
means any
details required for the purchase of Goods from this Web Site. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and sort codes; |
“Purchase Information” |
means
collectively any orders, invoices, dispatch notes, receipts or similar that
may be in hard copy or electronic form; |
“Premises” |
Means our
place(s) of business located at Unit 1, Ynys Dawel, Solva, Haverfordwest,
Pembrokeshire SA62 6UF.; |
“System” |
means any online
communications infrastructure that Specialtech.co.uk makes available through the Web Site either now
or in the future. This includes,
but is not limited to, web-based email, message boards, live chat facilities
and email links; |
“User”
/ “Users” |
means any third
party that accesses the Web Site and is not employed by Specialtech.co.uk and acting in the course of their employment;
and |
“Web
Site” |
means the website
that you are currently using (www.specialtech.co.uk) and any sub-domains of
this site (e.g. subdomain. www.specialtech.co.uk/spshop)
unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with
the supervision of an Adult. Payment Information must be provided by or with the permission of an
Adult.
3. Business Customers
These Terms and Conditions DO NOT apply to customers buying
Goods in the course of business. If you are a business customer please consult our business Terms and Conditions located here.
4. International Customers
If Goods are being ordered from outside Specialtech.co.uk ’s country of residence, import duties and taxes may be
incurred once your Goods reach their destination. Specialtech.co.uk is not responsible for these charges and we undertake to make
no calculations or estimates in this regard. If you are buying internationally, you
are advised to contact your local customs authorities for further details on
costs and procedures. As the
purchaser of the Goods, you will also be the importer of record and as such
should ensure that your purchase is in full compliance with the laws of the
country into which the Goods are being imported. Please be aware that Goods may be
inspected on arrival at port for customs purposes and Specialtech.co.uk cannot guarantee that the packaging of your Goods will be free
of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these
Terms and Conditions, all Content included on the Web Site, unless uploaded by
Users, including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of Specialtech.co.uk , our affiliates or other relevant third parties. By continuing to use the Web Site you
acknowledge that such material is protected by applicable
United Kingdom
and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the Web Site
unless otherwise indicated on the Web Site or unless given express written
permission to do so by Specialtech.co.uk .
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the Web Site or unless given express written permission to do so
by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are
not under the control of Specialtech.co.uk or that of our affiliates. We assume no responsibility for the content of such web sites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a
link to another site on this Web Site does not imply any endorsement of the sites
themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites
may do so only to the home page of the site www.specialtech.co.uk without prior permission. Deep
linking (i.e. links to specific pages within the site) requires the express
permission of Specialtech.co.uk . To find out more
please contact us by email at support@specialtech.co.uk or by phone on 0871 423 6871.
10. Use of Communications Facilities
10.1 When
using the enquiry form or any other System on the Web Site you should do so in
accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or
otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to
promote or incite violence;
10.1.4 It is advised that submissions are made using
the English language as we may be unable to respond to enquiries submitted in
any other languages;
10.1.5 The means by which you identify yourself must
not violate these terms of use or any applicable laws;
10.1.6 You must not impersonate other people,
particularly employees and representatives of Specialtech.co.uk or our affiliates; and
10.1.7 You must not use our System for unauthorised
mass-communication such as “spam” or “junk mail”.
10.2 You
acknowledge that Specialtech.co.uk reserves the right to monitor any and all communications made
to us or using our System.
11. Accounts
11.1 In order to purchase Goods on this Web Site you are
required to create an Account which will contain certain personal details and
Payment Information which may vary based upon your use of the Web Site as we
may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.1.1 all information you submit is accurate and
truthful;
11.1.2 you have permission to submit Payment
Information where permission may be required; and
11.1.3 you will keep this information accurate and
up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
11.2 It
is recommended that you do not share your Account details, particularly your
username and password. Specialtech.co.uk accepts no liability for any losses or damages incurred as a
result of your Account details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
11.3 If
you have reason to believe that your Account details have been obtained by
another without consent, you should contact Specialtech.co.uk immediately to suspend your Account and cancel any unauthorised
purchases that may be pending. Please be aware that purchases can only be cancelled until they are
dispatched. In the event that an
unauthorised purchase is dispatched prior to your notifying us of the
unauthorised nature of the purchase, Specialtech.co.uk accepts no liability or responsibility and you should make
contact with the Carrier detailed in the Purchase Information.
11.4 When
choosing your username you are required to adhere to the terms set out above in
Clause 10. Any failure to do so
could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Specialtech.co.uk or you may terminate your Account. If Specialtech.co.uk terminates your Account, you will be notified by email and an
explanation for the termination will be provided. Notwithstanding the foregoing, we
reserve the right to terminate without giving reasons.
12.2 If Specialtech.co.uk terminates your Account, any current or
pending purchases on your Account WILL be cancelled and WILL
NOT be dispatched.
12.3 Specialtech.co.uk reserves the right to cancel purchases without stating reasons, for
any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched
purchases will be cancelled and you will be refunded any monies paid in
relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst
every effort has been made to ensure that all graphical representations and
descriptions of Goods available from
Specialtech.co.uk
correspond to the actual Goods,
Specialtech.co.uk
is not responsible for any variations from these descriptions. This does not exclude our liability for
mistakes due to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to Clause 15.1 for
incorrect Goods.
13.2 Where
appropriate, you may be required to select the required [size] [model] [colour]
[number] [other features] of the Goods that you are purchasing.
13.3 Specialtech.co.uk
does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site. However, these may not take into account sales that
have taken place during your visit to the web site.
13.4 All
pricing information on the Web Site is correct at the time of going
online. Specialtech.co.uk
reserves the right to change prices and alter or remove any special offers from
time to time and as necessary. All
pricing information is reviewed and updated every day.
13.5 In
the event that prices are changed during the period between an order being
placed for Goods and Specialtech.co.uk processing that order and taking payment, you will be contacted
prior to your order being processed with details of the new price;
13.6 All
prices on the Web Site DO include VAT. When you are in the shopping cart the EX VAT price will
also be displayed. Specialtech.co.uk ’s VAT number is GB840418446.
14. Delivery
14.1 Specialtech.co.uk will notify you by way of email when your goods are to be
dispatched to you. The message will
contain details of estimated delivery times in addition to any reasons for a
delay in the delivery of the Goods purchased by you.
14.2 If Specialtech.co.uk receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have
received the Goods in full working order and with no problems.
15. Returns Policy
Specialtech.co.uk aims to always provide high quality Goods that are fault free
and undamaged. On occasion however,
goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If
you receive Goods which do not match those that you ordered, unless accompanied
by an explanatory note detailing the changes, stating reasons for the changes
and setting out your options, you should contact us within 10 days to arrange
collection and return. Specialtech.co.uk is NOT responsible for paying shipment
costs. You will be given the option
to have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued
upon our receipt of the returned Goods.
15.2 If
any Goods you have purchased have faults when they are delivered to you, you
should contact Specialtech.co.uk within 28 days to arrange return. Specialtech.co.uk is NOT responsible for paying shipment
costs. Goods must be returned in
their original condition with all packaging and documentation. Upon receipt of the returned Goods, the
price of the Goods, as paid by you, will be refunded to you through the payment
method used by you when purchasing the Goods.
15.3 If
any Goods develop faults within their warranty period, you are entitled to a
repair or replacement under the terms of that warranty. All goods have a One
Year Warranty with Specialtech.co.uk then fall under the subsequent warranty period
offered by the Manufacturer of the goods.
15.4 If
Goods are damaged in transit and the damage is apparent on delivery, you should
sign the delivery note to the effect that the goods have been damaged. In any event, you should report such
damage to Specialtech.co.uk within 3 days and arrange return. Specialtech.co.uk is NOT responsible for paying shipment
costs. Upon receipt of the returned
Goods, the price of the Goods, as paid by you, will be refunded to you through
the payment method used by you when purchasing the Goods.
15.5 You
have a statutory right to a “cooling off” period. This period begins once your order is
complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods
within this period, please return them to Specialtech.co.uk within 7 days of receipt. Goods can only be returned for this reason if their packaging remains
unopened and the Goods can be re-sold, as new, without any additional work on
the part of Specialtech.co.uk . You are
responsible for paying shipment costs if Goods are returned for this reason.
15.6 If
you wish to return Goods to Specialtech.co.uk for any of the above reasons, please contact us by email at
support@specialtech.co.uk or by phone on 0871
423 6871 to make the appropriate arrangements.
15.7 Specialtech.co.uk reserves the right to exercise discretion with respect to any
returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this
discretion include, but are not limited to:
15.7.1 Any use or enjoyment that you may have already
had out of the Goods;
15.7.2 Any characteristics of the Goods which may cause
them to deteriorate or expire rapidly;
15.7.3 The fact that the Goods consist of audio or
video recordings or computer software and that the packaging has been opened;
15.7.4 Any discounts that may have formed part of the
purchase price of the Goods to reflect any lack of quality made known to the
Customer at the time of purchase.
Such discretion to be exercised only within the confines of
the law.
16. Watercooling
The buyer must be aware that Specialtech.co.uk cannot be held responsible for damage caused to PCs or other equipment arising from the use of any of the watercooling products purchased from the website. Watercooling does contain some risks but if you are unsure of what you are doing please contact us and we can offer advice. The buyer should use watercooling at their own risk and take nessessary messures to protect their system in the case of failure.We always advise to test a watercooling loop outside the case and away from electrical components for at least 24 hours. Please also note that using watercooling may void the manufacturers warranty of any electrical parts you choose to cool.
17. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this
reference. To view the Privacy
Policy, please click on the link above.
18. Disclaimers
18.1 Specialtech.co.uk makes no warranty or representation that the Web Site will meet
your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be secure
and that all information provided will be accurate. We make no guarantee of any
specific results from the use of our Services.
18.2 No
part of this Web Site is intended to constitute advice and the Content of this
Web Site should not be relied upon when making any decisions or taking any
action of any kind.
18.3 No
part of this Web Site is intended to constitute a contractual offer capable of
acceptance.
19. Changes to the Service and these Terms and
Conditions
Specialtech.co.uk reserves the right to change the Web Site, its Content or these
Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the
first time you use the Web Site following the changes. If Specialtech.co.uk is required to make any changes to Terms and Conditions
relating to sale of Goods by law, these changes will apply automatically to any
orders currently pending in addition to any orders placed by you in the future.
20. Availability of the Web Site
The Service is provided “as is” and on an
“as available” basis. We give no warranty that the Service will be free of defects and / or
faults. To the maximum extent
permitted by the law we provide no warranties (express or implied) of fitness
for a particular purpose, accuracy of information, compatibility
and satisfactory quality.
Specialtech.co.uk accepts no liability for any disruption or non-availability of
the Web Site resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
21. Limitation of Liability
21.1 To
the maximum extent permitted by law, Specialtech.co.uk accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any information
contained therein. Users should be aware that they use the Web Site and its
Content at their own risk.
21.2 Nothing
in these Terms and Conditions excludes or restricts Specialtech.co.uk ’s liability for death or personal injury resulting from
any negligence or fraud on the part of Specialtech.co.uk .
21.3 Nothing
in these Terms and Conditions excludes or restricts Specialtech.co.uk ’s liability for any direct or indirect loss or damage
arising out of the incorrect delivery of Goods or out of reliance on incorrect
information included on the Web Site.
21.4 Whilst
every effort has been made to ensure that these terms and conditions adhere
strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in
the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these terms and
conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions where a particular term
is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions
shall prevail unless it is expressly stated otherwise.
24. Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to support@specialtech.co.uk. Such notice will be deemed received 3
days after posting if sent by first class post, the day of sending if the email
is received in full on a business day and on the next business day if the email
is sent on a weekend or public holiday.
25. Law and Jurisdiction
These terms and conditions and the relationship between you
and Specialtech.co.uk shall be governed by and construed in accordance with the Law
of England and
Wales
and Specialtech.co.uk and you agree to submit to the exclusive jurisdiction of the
Courts of England and
Wales
.
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