Terms and Conditions

Please make sure you read and agree to these terms before placing your order. You may wish to print a copy of these terms for future reference in case of warranty claims.

Definitions

1.1 “Buyer”, “you”, “your”: The customer/company, who purchased the goods from us the “seller” and also to whom the goods are invoiced to.

1.2 “Seller”, “we”, “us”, “our”: Meaning Creative Computers Ltd, the product manufacturer.

1.3 Terms and Conditions: This document that outlines the contract between the seller and the buyer, which is agreed to at point of sale.

1.4 Contract: The contract between the buyer and the seller which these terms and conditions relate to.

1.5 Goods: The product that the buyer agreed to purchase, as given in the order confirmation.

1.6 Price: The price given on the order confirmation and also at the bottom of the invoice as agreed by the buyer.

1.7 Order Confirmation: The document given from the seller to the buyer to show what products and services are included for the given price.

1.8 Estimated Delivery Time: The date on which the seller expects the product to be built, tested and ready for dispatch to the buyer.

1.9 Working Day: The working day is classed as any day between Monday 9am to Friday 5:30pm, excluding bank holidays and known public holidays.

1.10 RMA Number: Return Merchandise Authorisation number, obtained by a representative of the seller in case of goods returning.

1.11 Collect and Return: The seller organises a date to collect goods from the buyer at the seller’s expense. This can only be between 9am Monday to 5pm Friday.

1.12 User Damage: User damage is any damaged parts internal or external not reported within 48 hours of the initial delivery. User damage then becomes the responsibility of the buyer.

1.13 Website: is a reference to the website, www.creative-computers.co.uk which is run and operated by us and on which these Terms and Conditions are displayed.

2. Structure of Contract

2.1 These Terms of Sale apply to all goods supplied by Creative Computers Ltd, the seller whose registered business address is 36 Griffin Street, Netherthon, Dudley, DY2 0LP.

2.2 This contract does not apply to anyone who has not received an order confirmation from the seller, acknowledging the order which was placed. Not until this order confirmation has been sent to the buyer, the seller and the buyer are in a legally binding contract.

2.3 The seller reserves the right to change the terms given in this contract for any future sales.

2.4 The buyer has the right to cancel this contract as detailed in section 6 of this contract.

3. Descriptions, Promotions and Pricing.

3.1 The price that needs to be paid by the buyer will be shown on the website prior to the buyer ordering the system.

3.2 In addition to the price of the purchase, the buyer may need to also pay carriage prices for delivery. This will be shown before the buyer places the order.

3.3 All final prices shown on our website have the applicable VAT rate added onto them already, so the final price is inclusive of VAT at the current rate.

3.4 If the goods are not available, or not in stock at time of ordering, the seller will inform the buyer and a decision will be made to either change the goods for an equivalent model or a refund for the price of the goods will be given.

3.5 While we take every precaution so that our website prices are correct on a daily basis, sometimes they can be listed incorrectly. We will contact you as soon as we realise an error has occurred on the pricing and discuss this with you.

3.6 The description and price of goods is given on the website at the time you place the order. When you place the order, you agree to pay the price given.

3.7 Once the goods have been despatched, the price is final and no discounts can be added.

3.8 All product promotions such as giveaways, free hardware, free software, vouchers, game codes etc are entirely subject to availability. The seller reserves the right to amend or terminate any promotions at any time without notice.

3.9 The seller will always seek to fulfil and honour all active promotions but cannot be held liable by the buyer where promotions expire, discontinue, are terminated or become unavailable for any reason.

3.10 Where promotions become unavailable prior to orders being shipped, the seller cannot be held liable or responsible. Where possible the seller will offer an alternative promotion should it be available and applicable, but cannot be held liable where an alternative is not available.

4. Payment

4.1 Payment should be made by the means shown on the website at time of ordering.

5. Delivery of the goods.

5.1 The goods as listed in the order confirmation document shall be delivered to the original address given on the order form, and this address only.

5.2 The “seller” reserves the right to choose which courier is deemed most appropriate to deliver the goods.

5.3 The goods become property of the “buyer” once delivered to the given address by our courier service. The risk of loss and damage then is transferred to the “buyer”, once signed for.

5.4 We will make every effort to honour an order within 10 WORKING days from the order being placed. If outside influence (i.e. Stock issues, Compatibility issues, General testing issues) arise and we can not meet this timescale, then a representative shall call and/or email to discuss further options of different parts, or even cancellation of the order.

5.5 When you sign for the goods on delivery, you are accepting them as they are delivered. It is your responsibility to sign for them as damaged (if the goods are physically damaged) or unchecked (if you can’t check them first) before the courier service leaves the premises. IT IS NORMAL PRACTICE WHEN RECEIVING GOODS TO SIGN FOR THEM AS DAMAGED IF ANY SIGNS OF MISHANDLING IS EVIDENT. BY AGREEING TO THESE TERMS AND CONDITIONS THE BUYER AGREES THAT THE LIABILITY OF DAMAGE IS RELIEVED FROM THE COURIER AND PLACED ON THE BUYER AS SOON AS THE DELIVERY SHEET IS SIGNED. ANY RESULTING REPAIR DUE TO DAMAGE THAT WAS NOT SIGNED FOR AS “DAMAGED/UNCHECKED”, THE BUYER MUST PAY FOR THE DAMAGED PARTS IF REQUIRED, AS THE COURIER INSURANCE IS VOID.

5.6 We can accept local collections of our goods if a representative is consulted first and tells you when you can call to collect. Please make sure you have valid identification with you (which states the invoice address and also your name) as you will be asked to provide this. You will also be required to sign and date our paperwork to prove you have been to collect your goods.

5.7 If you have items missing or receive incorrect items, you must inform the seller by email at info@creative-computers.co.uk or by using the contact form on the website within 48hrs of receiving them.

6. Your right of Cancellation.

6.1 Where the buyer is purchasing as a consumer they have the right to cancel from the point of placing the order up to within 14 calendar days from the date the products are received. Cancellation requests should be communicated in writing by email, or letter, and contain all order information; once requests are accepted by the seller, an approved RMA number will be issued to the buyer.

6.2 Where the buyer is purchasing as, for, or on behalf of a business, clause 7.1 does not apply. Once placed, all business orders cannot be cancelled except at the discretion of the seller. The buyer will be deemed to be placing a business order where orders are paid for by business bank account, business credit or debit card(s), the billing name and/or address is that of a business (or is requested to be changed to that of a business after the order is placed), or where a purchase order number has been provided.

6.3 Where the seller accepts an order cancellation request, due to the custom nature of the products being purchased, the seller reserves the right to charge a cancellation fee of £35 inc. VAT per custom system being cancelled.

6.4 Upon receipt by the buyer of their approved RMA number, the buyer must return all agreed products within 14 calendar days in the same condition they were received. This includes (but is not limited to) all original packaging, packaging contents, accessories, documentation and any other items. Where products are returned damaged, incomplete, or in any condition reasonably deemed unsuitable by the seller, the seller reserves the right to make appropriate deductions to refund amounts, not exceeding the sum of the direct costs to replace/recover products.

6.5 Any software or consumable items, which have been open/unsealed or activated, will not be refunded. These products have no right of cancellation, please refer to section 28(3)(b) of the Consumer Contracts Regulations 2013 for more information.

6.6 Services ordered by the buyer with the products which include (but are not limited to) premium delivery options, fast-track production, professional wiring, overclocking, will not be refunded except where agreed upon by the seller.

6.7 The buyer must return the products at their own cost and their own risk. The seller recommends ensuring all products are returned using reputable courier companies, with all products fully insured, requiring a signature at the point of delivery.

6.8 The buyer acknowledges the potentially large, heavy nature of the products they are returning and hereby confirms their acceptance the postage/courier costs for returning these products may be expensive.

6.9 Where the seller shipped products to the buyer by pallet or other specialised delivery options, the buyer hereby confirms they will return products to the seller using the same method.

6.10 The buyer has a legal obligation to take reasonable care of the products whilst in their possession. Failure to comply with this legally obligated duty of care may lead to the seller having a right of action against the buyer.

6.11 Upon receipt of the goods by the seller, a refund will be issued to the buyer within 14 calendar days to the original payment method unless otherwise agreed with the seller.

7. Warranty Claims.

7.1 Desktop PCs are covered under warranty by the seller for 3 years, commencing on the date the buyer received the PC. This warranty is limited to 1 year for parts, and 3 years for labour. This warranty applies to all approved Creative Computers desktop PC systems purchased directly from Creative Computers via this website and approved resellers of Creative Computers desktop PC systems.

7.2 All hardware parts built into a Desktop PC system by the seller are covered for 1 year commencing on the date the buyer received the PC, excluding all peripheral items and accessories. Where any warranty labels or anti-tamper labels have been removed from products, or tampered with, this will void all warranty claims for that product.

7.3 All monitors purchased from the seller will be warranted for 1 year only commencing on the date the buyer receives them. The buyer can often deal directly with the monitor manufacturers to obtain warranty claims for repairs/replacements. If the buyer chooses to use the seller for warranty repairs/replacements on monitors, the seller will deal directly with the manufacturer and obtain repairs/replacements from them.

7.4 Peripheral devices such as: Keyboards, Mice, Speakers, Cables, Surge protectors, Webcams, Headsets/Headphones, Routers/Modems, 3d vision goggles and accessories, USB sticks, Bluetooth dongles and External hard drives are covered for 1 year from the date the buyer received them.

7.5 All repair labour costs are covered by the seller for 3 years commencing on the date the buyer received their Desktop system. Any costs for replacement parts and/or shipping as required for any repairs, outside of the terms of this warranty, are not covered. This includes costs incurred for non-repair where any costs for replacement parts are rejected by the customer.

7.6 All parts extracted as faulty from a repaired PC belong to the seller.

7.7 The seller reserves the right, during warranty repairs and/or replacements, to use new and reconditioned components. The seller also reserves the right, where the original components are unavailable or deemed unsuitable, to use alternative or equivalent products. These products may not be of the same brand as the original components.

7.8 When returning all, or part, of an order, the buyer has a duty of care to ensure all returned items are securely packaged when returning to the seller. This includes when the seller arranges courier collection on behalf of the buyer. It is strongly recommended that the buyer uses the original packaging materials. If products are found to be packed inadequately, the buyer will need to pay for any repairs or replacements as required. Neither the seller nor the courier service will not be held responsible for any damage to returned product caused by poor or inadequate packing.

7.9 Monitors purchased from the seller should be considered as class 2 (unless specified otherwise) which comply with ISO 13406-2, which details the Dead pixel policy for LCD screens. The seller can not guarantee that all LCD panels will be free from dead pixels, or that the manufacturer of the monitor will replace it.

7.10 The seller can not be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs.

7.11 If the buyer instructs a 3rd party organisation or individual to perform repairs on the PC, then the warranty on the product could be VOID (to the discretion of the seller). The seller can not under any circumstances pay for 3rd party organisations or individuals to do any work on the product, even after it has already been completed. If you have any problems with the product, you need to inform us by email at info@creative-computers.co.uk or by using the contact form on the website.

7.12 The seller is not responsible or liable for any time spent by the buyer in setting up the goods or any time troubleshooting for problems with the goods. This includes any time taken waiting for delivery or collection of the goods.

7.13 If you return a product in its entirety or just partly, then it must have a valid RMA number on the package which is given to you by a representative. Any packages without a valid RMA number or no RMA documentation at all will be rejected. The buyer will not be able to claim back any costs on postage if a package is rejected.

7.14 The buyer is allowed under the terms of warranty to install 3rd party parts/software on the system, without voiding the warranty. However, the following terms must be adhered to:

a) If any components in the system are physically damaged due to mishandling or the fitting of new components, the warranty will be void.

b) It is your responsibility to check that your new components are compatible with all aspects of your system. If any new components installed by yourself or a 3rd party cause issues with the system, the warranty will be void.

c) The seller has no legal obligation and will not support you with installing or configuring the 3rd party components or software.

d) The seller has measures in place to be able to prove that parts have been moved or damaged by the buyer.

e) If you install new hardware/software into your PC and everything is ok, then the warranty is still valid.

7.15 Where the buyer has the original packaging available to use in the return of all or part of their order, the seller will collect any goods being returned, under warranty, by the buyer for free within 3 calendar months (or as extended by any warranty upgrades purchased by the buyer) from the date the buyer receives their order. This applies to UK mainland addresses only and applies only where the buyer has the original packaging. Where the original packaging is unavailable, or where this grace period for free collection has elapsed, liability for any shipping costs passes to the buyer.

7.16 The seller will try to turn around any repair/replacement parts within a reasonable timeframe from the date of receipt. In some cases where the parts are no longer available or manufactured as new, a part may need to be sent back to the original manufacturer or supplier for replacement or replaced with a similar alternative. This is unfortunately unavoidable because the parts are no longer manufactured.

7.17 All warranty terms apply to UK mainland only. Any claimants outside of the UK mainland will need to pay shipping to the seller and also back to the buyer in case of warranty claims. If the buyer and product are currently out of the UK mainland address scope, the seller can not refund any shipping costs.

7.18 Any fair “wear and tear” claims are not valid under this warranty. New products will need to be purchased if faults have arisen due to wear and tear.

7.19 Any damage to the products (such as scratched or cracked PC case) should be reported to the seller within 48hrs of receiving the goods, and have valid photo evidence showing this. If damage is not reported within this timeframe, the buyer must pay for a replacement part, or accept it as it is. This is classed as “user damage”.

7.20 When a product’s entirety or parts are replaced under warranty, the warranty term is not extended under any circumstance.

7.21 Accidental damage, misuse, problems with electrical power, servicing by 3rd parties, acts of God and usage not in accordance with product specifications (i.e. the buyer overclocking the system) shall not be covered under this warranty. This is classed as “user damage”.

7.22 The seller will try their utmost to fix an issue back for warranty repair using information provided by the buyer previous to the RMA request. If no issue is found within 5 working days of stress testing, the PC will be sent back and a charge of £30 including VAT will be required as a No Fault Fee.

7.23 Where the seller is served a recall notice by any appropriate regulatory body with regards to any product or component supplied by the seller, the seller shall expeditiously make all reasonable efforts to affect the return of all highlighted products as specified by the recall notice. This may include but is not limited to:

a) removing from sale all affected goods and products.

b) contacting all affected customers to advise them about the recall notice, reasons for it, and the action to be taken including arrangement of the return of the goods/product.

c) publishing a notice in a form and manner, i.e. social media and website posts, to inform affected and potential customers of the recall notice, advising of any action to be taken to facilitate the return of affected products/goods.

7.24 Where the seller is made aware of any voluntary product recalls in effect by any vendor, the seller shall:

a) remove from sale any affected stock as directed by the vendor.

b) work with the vendor to facilitate any consumer product returns as per the vendor’s recall policy.

c) undertake any further action deemed necessary by the seller, in addition to any action required by the vendor, to minimise consumer exposure.

8. Our responsibility for loss or damage suffered by you.

8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987.

8.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

8.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. Miscellaneous.

9.1 The seller can not be held responsible for any typographical errors or omission on the website. This includes any pricing issues, product naming issues, product specification issues and product image changes.

9.2 All images on the website (www.creative-computers.co.uk) should be used as reference only, and do not represent the actual finalised build, colour or appearance.

9.3 Colours and styles may vary on our systems.

9.4 All website designs, layouts and image rights belong to the seller and/or the original manufacturer of the goods.

9.5 When supplied as B2B EEE, the producer passes all WEEE obligations to the end user.

10. Jurisdiction

These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the terms and conditions.

If you are unclear about any of this warranty statement, have questions about certain aspects of it or notice any loopholes then please do not hesitate to contact us to discuss.