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.
All orders received after 4.30PM will
be will not be processed until the next working day.
3. Images & Descriptions
All images used on the Proliant Server Store website are for illustrative
purposes only.
All descriptions & specifications are correct to the best of our knowledge,
but we will not be held liable should there be any errors.
4. Pricing
All prices shown on the Proliant Server Store website are exclusive of
VAT.
5. Delivery
Delivery rates are per order, & our current rates are located in the
right hand column of every web page.
For Mainland UK, we endeavour to have
your item/s delivered to you 2 working days after payment is received
(not including weekends). For orders outside UK mainland, delivery is
2-3 days after payment is received.
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 credit for these items. 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.
The return of any products, whether correctly or incorrectly supplied,
or whether faulty or damaged, may only be made with our prior authorisation.
Any attempts to return products to us without following the procedures
described above will be rejected.
8. Damaged or Missing Items
Any visible damage to the boxes must be noted when you sign for the delivery
& also reported to us within 24 hours. If any items are missing from your
order, please also report this to us within 24 hours.
9. Warranty & Condition of Products
Unless otherwise stated, all products supplied by us will be New Retail,
New Spares, or HP Renew: all of which come with HP Warranty.
Should any defects arise with any of the New Retail, New Spares, or HP
Renew products you have purchased, you will be entitled to the benefits
of the manufacturer's warranty or guarantee.
All refurbished products have been repaired where defective, cleaned,
& fully tested by our engineering team and come with our own 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 Unit 16 Millbrook Business Park, Sybron Way, Crowborough,
East Sussex TN6 3JZ, 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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