TERMS & CONDITIONS
General
All contracts of sale made by PCS, trading as Poole Computer/Console Services (“The Company”), shall be deemed to incorporate these terms and conditions (“PCS Standard Terms & Conditions”) which shall prevail over any other document or communication from the party with whom the company is dealing (“The Customer”). Any order shall be deemed to be an offer by The Customer to purchase goods and or services in accordance with these terms and conditions.
Copyright
The services are sold to The Customer with the knowledge that The Company are the sole owners of the design of any web pages & code produced and that also any services may not be sold on to a third party unless written consent is obtained from The Company.
Price
All price lists, advertising matter or similar material issued by The Company are indicative only as to the price and range of services available from time to time, and contained information shall not be binding on PCS. The price of services shall be the price quoted by The Company at the time of The Customer placing the order. The Company reserves the right to amend quoted prices any time prior to order placement.
Payment
All goods remain the property of The Company until payment is received in full. All payment is in UK Sterling. Unless otherwise agreed in writing with The Company, The Customer shall pay the price and any other sums due in respect to the goods and or services supplied by The Company, on collection or shipment date. Third party hosting & registration fees shall be paid in full prior to The Company initiating any set-up or web page design activities. In the event of late payment The Company reserves the right to remove The Customer’s web pages from their server. In the event of late payments being received after The Customers web pages have been removed from the server, The Company reserves the right to cancel any agreement made or charge an additional reconnection fee prior to reinstatement of The Customer’s web pages on the server.
Delivery
Delivery times quoted are estimates only and time shall not be the essence of the contract. In no circumstances shall The Company be liable to compensate The Customer in any way for late delivery or non-delivery of goods or services. Any missing items/discrepancies MUST be reported within 48 hours of collection/delivery. Delivery shall be deemed to take place when the goods and or services have been delivered or completed by The Company. Registration completion is deemed to be when the relevant naming authorities have accepted The Customers domain name. Design completion is deemed to be when The Customer approves the draft copy issued by The Company of their web pages. Uploading completion is deemed to be when The Customer’s web pages reside on the server.
Limitation of Liability.
The Company does not accept any liability for the loss of web page access due to server down time or malfunctions at any time or for a period of any time. The Company in no way accept any liability for any errors present in any of their services provided. The Company will not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company and its employees. The Company reserves the right to revise its policies at any time.
Carriage
Post and Packing charges are made for all delivery options and will be invoiced to customers at the prevailing rate.
Prices
Goods are invoiced at the prices ruling at the time of ordering. The catalogue issued from time to time will remain current until updates or revisions are issued. Every effort is made to maintain the prices shown throughout the life of each catalogue. However The Company reserves the right to modify prices without prior notice.
Payment Terms
Payment shall be deemed to have been received only when the full amount of the value of the goods, as invoiced, has been credited to The Company’s bank account without recourse, or The Company has received the full amount in cash. If an invoice becomes overdue for payment the full outstanding amount becomes overdue and payable. The Company reserves the right to charge interest on overdue amounts at 3% above Natwest base lending rate for the time being in force calculated on a daily basis. We do not accept cheques.
Product Specifications, Dimensions, etc.
Whilst The Company will make every endeavour to deliver the goods as they are advertised in the catalogue or any other company brochure, actual dimensions, specifications and quantities may, in certain circumstances, vary from those so advertised. The Company reserves the right without prior notice to vary the dimensions, specification and quantities of any goods without any liability to The Customer arising directly or indirectly from any such variation.
Supply
In the event that The Company is unable to supply goods as ordered by The Customer the Company reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the same price.
Force Majeure
In the event that The Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to acts of god, war, strikes, lock-outs, flood and failure of third parties to deliver goods, The Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
Property and Title
No property or title to goods and or services shall pass from The Company to The Customer unless, and until, the full amount of the value of the goods and or services as invoiced has been credited to The Company’s bank account without recourse or The Company has received the full amount in cash and The Customer shall indemnify The Company against any loss or damage to the goods prior the passing of property therein whilst in The Customer’s custody. Risk of damage to or loss of the goods shall pass to The Customer at the time of delivery or, if The Customer wrongfully fails to take delivery of the goods, at the time when The Company has tendered delivery of the goods.
Cancellation
Since under normal circumstances goods are ordered in and processed the same day as receipt of order The Company reserves the right not to accept cancellation of orders. Where cancellation is accepted The Company reserves the right to indemnity from The Customer in full for costs incurred.
Trade Name and Mark
Indications of trade names or marks (other than those of The Company) shown in catalogues or other documentation of The Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.
Warranty
The System Warranty covers hardware only. Problems with Operating Systems, games and other software are not included and are the responsibility of the software publisher. The Company offers a No Charge repair or replace service for faulty computer hardware products under these warranty provisions but reserves the right to make a charge for software only fixes or where no hardware fault is found.
All goods sold by The Company are warranted free from defects in materials and workmanship. If The Company shall receive a written complaint from The Customer in respect of goods found to be defective in respect of materials or workmanship only within 10 days of delivery The Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of The Customer, its employees or agents or through use contrary to the manufacturer’s instructions by The Customer, its employees or agents or by circumstances beyond the control of The Company or goods which cannot be shown to have been supplied by The Company.
You agree that failure to use a Power surge bar on any item under warranty will deem the warranty void and that a Power Surge Protection bar is in use at all times on the item under warranty.
Returns
The Company reserves the right to refuse the return of faulty goods when said goods are covered by a separate manufacturer’s warranty and should be returned as per instruction on the warranty card provided with the aforementioned goods (e.g. printers & monitors). Current catalogue items, undamaged, unopened and fully marketable may be returned by prior agreement of the Company who reserves the right to make a handling/administration charge.
Repairs
Repairs will be carried out on the basis of a first come, first serve policy. In all cases The Company will attempt to make repairs ready for collection at the earliest opportunity. The company will abide by this at all times, unless specific parts are required that are not readily available. In such cases The Company shall complete the repair at the first opportunity following the delivery of said parts.
The Company’s Liability
The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss however caused. The Company’s liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates. Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
Games Console Repairs
We do not condone the use of “Mod chips” in order to play Illegal pirated games. Opening your console will void any Microsoft/Sony/Nintendo warranty and may prevent you from returning your console to Microsoft/Sony/Nintendo under guarantee. Any firmware upgrades/repairs may “Brick” your DVD drive and you may be “Banned for Life” on the Live Service.
Privacy
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law and the which? Web Trader Code. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should email us.
Telephone Transactions
The Company may at its discretion record telephone transactions with its customers for security or training purposes.
The Laws of England shall govern the validity, construction and performance of any contract to which these Terms and Conditions apply and the parties submit to the jurisdiction of the English Court.
Miscellaneous
If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby Waiver by The Company of any breach of these conditions or any granting of time or indulgence by The Company to The Customer shall in no way affect the rights of The Company hereunder All headings are for convenience only and do not form part of these Terms and Conditions.
Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.Unless stated in writing all Domain fees are for a period of 2 years from date of order and all hosting fees are for 1 year from date of order.
Same day call out is subject to availability and is on a First Come First Served Basis. Although we do not charge a ‘Call out Fee’ we do not offer a free diagnostics service and any time taken on getting to and on a job will be charged at £30 for the first 30 mins and then at the Hourly rate of £30 per hour.
