Proliant Server Store Terms &
Conditions of Sale
1. Application
These Terms govern the sale by Proliant Server Store to you of Products
for which you place an order that is accepted by Proliant Server
Store. Note that the Proliant Server Store website is intended for
business users only, and any transactions with Proliant Server Store will be treated as such. No other terms and
conditions shall apply. Your acceptance of the Products shall be
deemed to constitute acceptance of these Terms.
2. Orders
By placing an order you warrant that you are a business user. All
orders placed by you are subject to acceptance by Proliant Server
Store. Proliant Server Store reserves the right to revise prices,
limit quantities, correct errors on its website and refuse orders
at its discretion including, without limitation, orders from distributors,
dealers and warehouse stores, or orders in a size that are unlikely
to be for business purposes.
If an error is discovered in the price of the goods that you have
ordered, we will inform you as soon as possible. In the event that
you order an item and the price published on the Site is incorrect
for any reason, we will contact you upon discovery of the error
to let you know the correct price and ask you whether you still
wish us to fulfil your order at this price. We shall be under no
obligation to fulfil an order for a product which was advertised
at an incorrect price. Should we have fulfilled the order before
discovering the error, we reserve the right to take back the goods
and refund you the purchase price or charge you the correct amount.
Except as may otherwise be permitted by applicable law, you may
not cancel an order which Proliant Server Store has accepted without
the agreement in writing of Proliant Server Store, which requirement
may be waived by Proliant Server Store from time to time in its
sole discretion.
3. Images
All images used on the Proliant Server Store website are for illustrative purposes only.
4. Pricing
All prices shown on the Proliant Server Store website are exclusive of VAT.
5. Delivery
Delivery to the UK mainland is £9.95 regardless of the size
of the order. We endeavour to have your item/s delivered to you 2 working days after
payment is recieved (not including weekends). We cannot deliver
to PO Boxes or BFPO addresses.
For delivery to Northern Ireland, Isle of Man, Northern Ayrshire,
the Shetland Isles, and the Channel Islands, delivery is £19.95 regardless of the size of the order.
Note that oversized or bulky items may require additional delivery
time; Proliant Server Store shall endeavour to inform you of extended
delivery times at the time you place your order. In any case, Proliant
Server Store shall not be liable for any cost or damage caused by
late or non-delivery of the Products. Any delay in delivery of the
Products shall not give you a right to reject the Products or cancel
your order. Proliant Server Store reserves the right to deliver
the Products in instalments.
6. Payment
All Products must be Paid In Full before they will be shipped. For
security purposes we will only ship to the Billing address If paying
by credit card. Proliant Server Store reserves the right, by giving
you notice at the time you place your order, to increase the price
of the Products to reflect any increase in the cost to Proliant
Server Store which is due to any factor beyond its control.
7. Returns
The goods must be unused, complete, in resaleable condition and
in their original and unmarked packaging (not resealed with tape).
Once the goods have been received back into our warehouse and their
condition checked, you will receive a full credit for these items.
If they are not in a suitable condition, we reserve the right to
charge a minimum restocking fee of 25%. All credits exclude original
delivery charges, if applicable. You are responsible for the shipping
charges when returning the items.
8. Damaged or Missing Items
If any items are damaged or missing from your order, please contact
us within 3 working days of your delivery on 05602 533426.
9. Warranty
All new products sold by Proliant Server Store come with a 90 day warranty against any defects that may arise, after which
you will be entitled to the benefit of the manufacturer's warranty
or guarantee, if any. All refurbished products come with a 30 day warranty against any defects that may arise, unless otherwise stated. Legally, this clause only applies to business
customers.
10. Liability
Nothing in these Terms shall exclude or limit Proliant Server Store'
liability for fraud or for death or personal injury caused by its
negligence or any other liability to the extent that the same may
not be excluded or limited as a matter of law. Without prejudice
to the previous sentence, Proliant Server Store shall not be liable
for any loss of income or profits or for any indirect or consequential
loss or damage of any kind howsoever arising and whether caused
by the negligence of Proliant Server Store, its breach or non-performance
or any of its obligations under these Terms or otherwise. These
Terms set out the full extent of Proliant Server Store' obligations
and liabilities in respect of the sale of the Products. In particular
there are no conditions, warranties or other terms, expressed or
implied, as to satisfactory quality, fitness for a particular purpose
or of any other kind whatsoever, that are binding on Proliant Server
Store except as specifically stated in these Terms. Any condition,
warranty or other term concerning the sale of the Products, which
might otherwise be implied into or incorporated within these Terms,
whether by statute, common law or otherwise, is excluded to the
fullest extent permitted by law. If you are a consumer the exclusion
of terms implied by law will not apply to you.
11. Data Protection
The personal information you provide to Proliant Server Store consists
of your name, your postal and e-mail addresses, other contact details
as well as order, delivery and billing information; it will be maintained
as part of our customer records for the purposes of credit checking,
direct marketing, orders delivery and product purchase history.
This information will be stored, namely, on our centralised database
in the United Kingdom. Proliant Server Store may also need to make
your records available to our professional advisors, such as lawyers,
accountants, regulatory authorities or other governmental administrations,
all of which will be based in the United Kingdom. You can contact
Proliant Server Store at any time to see the information held about
you and to ask us to make any necessary changes to remove or correct
it - or to object against any further use of your personal data
by Proliant Server Store for direct marketing purposes. Further
information as to the right to protect your personal data is available
from the Data Protection Registry in the United Kingdom. By entering
into any agreement with Proliant Server Store or providing Proliant
Server Store with personal data, you consent to the processing and
transfer of such data in the manner and for the purposes described
here above.
12. General
Proliant Server Store shall not be liable to you for any loss or
damage which you might suffer arising from Proliant Server Store'
delay in fulfilling or failure to fulfil any of its obligations
under these Terms to the extent that such delay or failure is caused
by any circumstance beyond Proliant Server Store' reasonable control.
If due to such circumstances or events Proliant Server Store has
insufficient stocks to meet all its orders, Proliant Server Store
may apportion available stocks between its customers at its sole
discretion. These Terms and any terms appearing on any order form
to which these Terms apply constitute the entire agreement between
you and Proliant Server Store relating to the Products. The failure
of Proliant Server Store or you to enforce any of these Terms does
not constitute a waiver of that term and shall in no way affect
the right later to enforce the term. The invalidity or unenforceability
of any clause of these Terms shall not adversely affect the validity
or enforceability of the remaining provisions. No amendment, variation
or addition to these Terms shall be binding unless agreed to in
writing by an authorised representative of Proliant Server Store.
Proliant Server Store may transfer any contract with you concluded
on these Terms or any of its rights or obligations under any such
contract. These Terms will be construed in accordance with the laws
of England and any disputes shall be settled by the English courts.
13. Defined Terms
"Proliant Server Store" means Global Computer Spares Limited,
whose head office is at 6 Beaver Close, Crowborough, East Sussex
TN6 2NZ, trading as Proliant Server Store. Global Computer Spares
Limited is registered in England No. 5143188, VAT No. 822094056,
with registered offices at the above address. "Terms"
means these terms and conditions of sale. "Products" means
any products listed on this website for which you place an order
which is accepted by Proliant Server Store. "You" means
you, the customer.
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