These terms and conditions apply to all online sales and services provided by VJM Computers. You will be asked to read and accept the Terms and Conditions when you register online with VJM Computers. These Terms and Conditions may be changed at any time; any changes will take effect on the date they are posted on the site.
1.0 Terms and conditions
1.1 The Agreement
This document forms part of an agreement between VJM Computers & you, the customer. The agreement is a binding document and customers should ensure that they understand it.
This agreement is a written record of what VJM Computers supplies; this record is in place to ensure that no mistakes are made. Therefore changes to this document will only be supplied as a written document and will not be given verbally.
This agreement does not affect your statutory rights, and in the event of any uncertainties your statutory rights will take priority.
2.0 Quotations and Orders
VJM Computers will, on occasion, provide a quotation on a product/custom build. The quotation will be provided in writing only and will be valid for 10 days after the quotation date, unless otherwise stated in the quotation document.
An order placed by you, the customer for products and/or services will be regarded as an offer by the customer to purchase products and/or services provided by VJM Computers under the terms of this agreement.
2.3 Order Confirmation
When an order is placed VJM Computers will contact the customer with an order confirmation making this agreement binding. Order confirmation is binding except where there is an inconsistency between the order and order confirmation and where the inconsistency is unacceptable to the customer. You, the customer will be sent a copy of the order confirmation; VJM Computers recommends that the order confirmation be read to identify any inconsistencies.
2.4 Order Changes
VJM Computers reserves the right to make changes to orders which will be identify any such changes within the order confirmation. Changes to products and or services will offer equal to or greater performance. In the event a product cannot be provided, or a suitable alternative, the customer will be contacted directly to arrange an alternative solution. Any changes to products will be reported to the customer whom will be required to agree to before an order confirmation is sent.
3.0 Price and Payment
The price that customers have to pay will be made know on VJM Computers order confirmation documents and invoices. All payments are required before products and/or services are provided. VJM Computers will postpone all deliveries until full payment has been received. VJM Computers reserves the right to pass on any additional costs incurred due to late payments onto the customer.
4.1 Delivery Address
The place of delivery is stated on the order confirmation document, which should be checked by you the customer. Some orders may contain multiple packages; in some cases they may be delivered separately, the customer will be informed of this prior to delivery.
4.2 Delivery date
VJM Computers aims to deliver all orders within 3 to 14 working days of confirmation of payment, if the delivery date will exceed 14 working days the customer will be contacted. At this point a new delivery date will be agreed upon; the customer can refuse a new delivery date and cancel the order and receive a full refund without charge. When multiple packages are sent the delivery time of 3 to 14 working days applies to all packages.
5.0 Passing of Ownership
5.1 Ownership of Product
Ownership of product/s passes to the customer upon delivery to the customer, VJM Computers may recover any products prior to the passing of ownership at any time if the customer is in breach of this agreement.
5.2 Reasonable Care of Products
Within 7 working upon delivery of product the customer has a duty to take reasonable care of the delivered product/s. Upon delivery of product/s liability for damage caused by use, handling or storage passes to the customer.
6.0 Acceptance of Products on Delivery
6.1 Missing or Incorrectly Delivered Products
VJM Computers should be notified by the customer if delivery contains missing product/s, contains incorrect products or are not to the specification of the order. VJM Computers should also be notified of products which are visibly damaged or have any non-visible defect.
The product can be returned by the customer for whatever reason under the terms and conditions of this agreement. Customers should help in returning product/s to VJM Computers; they should be made available for collection at a mutually suitable time. Product/s can be returned no later than 14 working days after the passing of ownership, VJM Computers should be contacted no later than the 14th day to start the returns procedure.
6.3 Reasonable Care for Returns
The customer, whilst in possession of the product/s, shall take reasonable care to certify that the product/s are not damaged whilst in their possession and made secure for transport. VJM Computers shall take action against the customer if the product/s are returned in a condition which makes them unfit for resale whilst in the ownership the customer.
On return, VJM Computers will refund the price paid, less the direct cost of recovering the product/s when applicable. The customer will receive the refund within 30 days of the date the product/s were received; refunds are subject to condition 6.3 of this agreement.
7.0 Statutory Rights, Warranties, Repairs and Replacements
VJM Computers has a legal obligation to repair or replace products; products will only be repaired/replaced if the product/s were damaged or faulty prior to the passing of ownership to the customer or a fault has occurred during the proper use of the product. Any modification or repair undertaken will void any obligation of VJM Computers to repair/replace products.
VJM Computers will refer customers to third party software licensors in the event of software failure. VJM Computers will request software licensors to fulfil VJM Computers’s and/or their own legal obligation relating to the licensor’s software.
Repairs will be carried out to return product/s to an equivalent or greater standard to the original product. During repair VJM Computers will own any parts removed from product/s and in some cases may require customers return removed parts.
7.2 When Obligation Does Not Apply
VJM Computers’s legal obligation to repair product/s does not apply in certain situations. When a defect is caused by an external cause such as; fair ware and tear, accidents, hazards, humidity control, electrical stress or other environmental factors and software or hardware loaded onto or connected to product/s by the customer (which has not been supplied by VJM Computers). Non-critical parts of any product which are not required for the product to function are not replaced or repaired.
7.3 Reasonable Action
VJM Computers will use reasonable action to meet delivery times as stated in this agreement. However actual delivery times may vary depending upon, but not limited to, remoteness and accessibility to customer location, weather conditions and availability of components. VJM Computers liability is excluded from removal of hardware and/or software not supplied by VJM Computers, preventative maintenance, repairs to product/s that are working with in industry standards, the transfer of data, software or viruses. Customers are responsible for the installation and/or removal of third party software and hardware from VJM Computers systems.
7.4 Extending Warranty
VJM Computers will extend, to the extent that it is permitted to do so, the benefit of any warranty or guarantee provided by the manufacturer or supplier of third party software and/or product/s.
7.5 Service Medium
The VJM Computers service may be provided in a variety of mediums including postal, telephone, email and online services. VJM Computers endeavours to provide the most appropriate medium of communication, where possible, to customers at their convenience.
7.6 Product Suitability
All products sold by VJM Computers will be suitable for general domestic use only. Additional requirements for use of VJM Computers products outside a domestic environment must be agreed in writing prior to purchase.
7.7 Defective Products
If a product cannot be repaired VJM Computers will replace the product in accordance with this agreement and within a reasonable time frame.
8.0 Force Majeure
Neither VJM Computers nor the customer is responsible for non-performance in extraordinary circumstances beyond reasonable control. In such cases both parties will be freed from obligation of any contract. If these circumstances prevent VJM Computers from being able to deliver products within the specified delivery times the customer can request a refund. Additionally if the force majeure event last longer than 60 days VJM Computers can itself terminate the contract of this agreement and return the entire amount paid to the customer, the customer will be notified if such proceedings commence. No compensation will be paid to the customer if a force majeure event occurs.
9.1 Accepting Liability
VJM Computers will accept liability for any loss or damage to private property, death or personal injury caused by the proper use of products supplied, furthermore VJM Computers accepts liability due to the negligence or deliberate misconduct of any VJM Computers employees. This liability will be assessed in accordance with these terms and conditions and per incident basis.
9.2 Where VJM Computers is Not Liable
In certain circumstances VJM Computers will not accept liability where loss, damage, death or personally injury occurs when circumstances;
- Are not realistically foreseeable by both parties
- Were known by the customer and failed to inform VJM Computers of any risk
- Are caused due to the improper use of products
- Were foreseeable and preventable by the customer, including but not limited to;
- Loss of data caused by failure to keep regular backups on separate storage area/device
- Loss of data or operating instability caused by Virus damage and or spyware and or adware
- User inflicted problems caused by failure to read and or follow instructions provided with products
- User inflicted problems caused by failure to follow written or verbal instructions provided by VJM Computers
9.3 Preventing Loss
To minimise the possibility of loss, damage etc. customers are encouraged to contact VJM Computers as soon as a problem is found. VJM Computers will help to prevent any loss and or damage by instructing users accordingly.
10.0 Data Protection
10.1 Personal Data
Information provided to or by either party should be treated a reasonable degree of care and where the information appears confidential should be treated as such.
11.0 Termination of Agreement
11.1 When the Agreement Can be Terminated
Either party may terminate the Terms and conditions agreement if;
- A constant breach of these terms and conditions is made and is failed to be rectified within a reasonable timeframe of receiving written notice from the other party
- The customer fails to pay on time
- A breach of export laws by the customer occurs
- Either party becomes bankrupt or is unable to pay outstanding debts
11.2 When Full Payment is Received
VJM Computers cannot be relieved of this agreement in the event the customer becomes bankrupt after full payment has been received.
12.0 Law and Jurisdiction
This Agreement is to be interpreted in accordance with English Law but may be subject to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts at the claimant’s choice.
If any parts of this agreement are found to be unenforceable by a court, the rest are unaffected. All notices must be in writing and sent to a legal officer of each party, at the address provided on the invoice.