THE TERMS AND CONDITIONS ARE APPLIED TO ALL ORDERS AND TRANSACTIONS ON THIS WEBSITE. PLEASE READ THROUGH THEM CAREFULLY BEFORE PLACING AN ORDER WITH MO CUSTOMS COMPUTERS.
By ordering services/product or viewing any material associated with MO Customs Computers you are entering into a contract with us. The following are terms of a legal agreement between you and MO Customs Computers. By viewing, browsing and/or using any service or ordering ay products advertised on this site and the server it's hosted on, you acknowledge that you have read, understood, and agree to be bound by the terms below and to comply with all applicable laws and regulations. If you do not agree with these terms, do not use this site.
FORMAT OF THE CONTRACT:
These terms of sale apply to all goods supplied by MO Customs Computers, whose registered office is at 83 Bromhall Road, Dagenham, Essex, RM9 4PH registered in England and Wales the
("Supplier/Seller").
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales.
SALES AGREEMENT:
We will only accept an order from you when you have successfully completed the order using our secure PayPal payment service. All goods remain our property until paid in full.
When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion.
We will send you an Order Acknowledgement on receipt of your Order. This is not an Order Confirmation or order acceptance by us. The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Confirmation. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy.
We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer or the actual component is changed for an equivalent one and any major changes will be noted. Any order return requests which are due to a slight change in specification will not be accepted
When you place an order, you are undertaking to us that:
- All details you provide to us for the purpose of purchasing Goods or Services are correct.
- The credit/debit card .o.e, you use to make a purchase from us is your own card, that you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from MO Customs.
PRICES AND PAYMENT:
-We reserve the right to vary our prices from time to time.
-When you submit an Order, you will be notified of any additional costs including shipping and handling costs or insurance.
-We will not supply Goods or Services to you until payment has been received in full.
-Payment for Goods to be delivered on the UK mainland may be made by PayPal (PayPal payment will be taken upfront).
DELIVERY, TITLE AND RISK:
Unless we agree otherwise with you, then we will normally ensure that Goods are delivered to you no later than 30 days from the day after you submitted your Order to us. If we cannot deliver Goods to you within 30 days, then you are entitled to cancel the Order and receive a full refund.
We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date, but we shall not accept liability for failure to deliver within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date.
If a delay is likely, we shall contact you to advice of the delay. You will not be entitled to cancel an Order when advised of a delay if the revised delivery date is not acceptable to you since the system will be ready for dispatch.
Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
If you cannot accept delivery multiple times and the products are returned to us, we may at our option re-arrange delivery provided that charge you for the additional delivery costs incurred and a handling fee.
Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
You may request a copy of the Proof of Delivery, provided that this request is made within 7 days of the date of delivery and we shall use reasonable endeavours to provide such proof. If you do not make such a request, or notify us then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.
You should notify us as soon as possible and in any event no later than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing, the Goods are not as specified in the Order Confirmation or delivery does not take place on the estimated delivery date. If you need to return any Goods, then please see our Returns policy below.
AGE:
This company is made available only to those who are at least 18 years old. By accepting these terms, you certify that you are an adult of age higher than 18.
USE OF WEBSITE:
Any information found on our website is intended for informative purposes. The website, price and information can change without any notice to you. Any such changes will apply to subsequent orders by you and we will not be obligated to make this change known to you. We do not guarantee that this website will be compatible with all hardware and software which may be used by visitors to our site and self-judgements of products must be implemented. Please note that any product information on the website in brackets means that the component may be change at no notice to you to an equivalent or better component on any order you place with us. You agree not to spam our website, disrupt our service and compromise our company in any negative manor. Any hostile actions will be punishable to the fullest extent of the law.
In no event shall we be liable for any special, incidental or consequential damages, or for interrupted communications, lost data, loss of profits, reverses or viruses which may affect your computer equipment, software, data or other property as a result of you accessing, using or browsing our website or you downloading any of the materials, data, text or images contained thereon.
Our maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or a series of two or more related incidents to the amount equal to the cover provided to us under our policies of insurance or the price paid by you for the goods whichever is the lesser.
COPYRIGHT:
Our website and all its elements, all system names and logo's, appearance and source code are Copyright © 2006 - 2010 MO Customs Computers. All rights reserved.
WARRANTY:
We warrant that goods at the time of delivery will correspond to the description given by us. As all of the goods that we sell are of a technical nature it must be appreciated by you that it is not practical to publish detailed specifications for all of these goods. This warranty does not cover goods which were bought in mistake. Any such requests will be denied. All goods supplied by MO Customs are warranted free from defects for 12 months from the date of supply (unless otherwise stated). In this period you are covered for parts and labour costs where as any subsequent period of the warranty cover only relates to labour costs only. This warranty does not affect your statutory rights as a consumer.
As with most online computer retailers, the above warranty excludes dead pixel issues so long as they fall within the level of Acceptable Defects as defined in ISO 13406-2. All TFT Monitors sold by the Supplier fit the ISO13406-2 Spec in Class II, which is the common class for consumer equipment.
If a computer has to be returned to us, please ensure that all data is backed up on the hard drive, because if a hard drive or configuration has to be changed, we cannot be held responsible for any losses of data, time or inconvenience caused. Should you take your computer system, monitor, keyboard or mouse, or any other peripheral to another computer company, repair company or computer technician and have them attempt to diagnose or repair a fault on the computer, you may VOID all warranties on the computer and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties.
If you have any problems with your computer you must contact us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow MO Custom's instructions, or any alteration or repair carried out without the Supplier's approval, modified or incorrectly installed goods by the buyer or his agent. Goods which have been maintained other than in accordance with the maintenance specified in the engineering specification or manuals supplied by the manufacturer.
Our warranty only cover's problems with the products which are not within the customers control, such as hardware failure which is not a consequence of a customers prior actions. MO Customs shall not be liable for the costs of carriage where the failure of the goods arises from the Buyers misuse, exclusions under the guarantee or there is no remedy required under the terms of the contract.
This means that a product cannot be returned for a full refund because of (Amongst Others):
-Change of Mind.
-Dislike aesthetics' (Colour etc).
-Software problems etc.
-Hardware issues caused by customer modifying the product.
These types of problems amongst others are NOT covered by our warranty and you will not be entitled to receive one if this is the problem. If there is an attempt to deceive MO Customs by inducing a hardware problem, MO Customs will pursue legal actions to the fullest extent of the law. (Tort of Deceit)
If a product that was faulty at the time of sale is returned to MO Customs, the buyer is legally entitled to: A full Refund, if this is within 7 days. After this time a replacement product will be offered. Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £29.99 in addition to the return fee (to return the product to the customer).
MO Customs will refund or send a replacement unit for a problem which is of no fault of the user. Neglecting to clean the system inside is regarded as a fault committed by the user or performing a maintenance operation then damaging the components. Modifying the product which is sold to you in any form including a BIOS flash which has not been certified by us, or changing the graphics card etc will VOID your warranty. We do this because we sell our products knowing that the hardware which is present in them will work. When the customer changes the hardware we can no longer guarantee that it will continue normal operation if any. If you are making an upgrade you must contact MO Customs beforehand and we must approve of it before you do this. This is for all components.
If a hardware fault is diagnosed, in the Computer Base Unit, which is the responsibility of MO Customs: MO Customs will remedy the goods, by the replacement of parts. MO Customs will pay the costs of all parts and labour, during the first year of warranty only. MO Customs will pay for Courier collection, during the first month of warranty only after the original delivery date, within mainland United Kingdom only, from the Buyers original delivery address premises, on a working day which has been mutually agreed between the Buyer and MO Customs.
The Buyer will pay for all carriage costs after the first month of warranty, for delivery to and collection from MO Customs designated service premises. This in total will cost £20. The Buyer will pay for all carriage costs outside mainland United Kingdom, at all times. The Buyer is specifically advised to back up and verify all data on a regular basis and in any event before a remedy under the guarantee. The warranty is limited to the remedy of diagnosed hardware faults, by the Seller. Please be aware that parts replaced under the terms of the warranty become the property of MO Customs Computers.
OVERCLOCKING:
We shall not, without exclusions, warranty any component that has been overclocked beyond the spec that we send it out in by the consumer. If you overclock any component after the day you receive your computer, you will VOID your warranty with us. We will not be held responsible for consumers damaging their own components or the performance of their computers through the misuse of components through overclocking. Also if evidence is found that a product was damaged during overclocking and the customer has attempted to deceive the seller, through their warranty, they face legal action (Tort law).
Software not owned by us is supplied subject to licence and warranty of the Software licensor. We enclose the Software licence that you require with the Product where necessary; you must comply with that licence.
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 contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
PAYMENT:
As this is a UK website only we will only accept orders from UK residents for UK delivery (we cannot deliver to the Channel Islands, Isle of Man, Eire and BFPO addresses) and which are paid for by using either a UK credit card or a UK debit card. When completing your order you must provide us with the exact same address and telephone number that your credit bank has on file for you. We will only begin to process your order once the transaction on your credit/debit card been properly authorised by your bank.
RETURNS:
If the product has been interrogated and a refund has been issued, the product(s) must be returned to us in full. Upon receiving the product the money will be refunded to your account or any other payment arrangement can be made. You will have to cover all costs of returns. This is not negotiable and is the only way to return the products. You must know this before you purchase from us. The address will be supplied to you on request. We cannot accept the return of any software where the shrink-wrap/seal has been broken or consumable items such as ink cartridges or paper.
If you need to return Goods to us, then a Goods Returns Authorisation Number ID (RAN-ID) must be obtained from us for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned.
The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the Software seals intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
In the event that any Goods Delivered to you do not correspond with the goods in the Order Confirmation, or have been Delivered to you by mistake, then you will be under a duty to take reasonable care of such Goods and to contact our Customer Services team immediately no later than 14 days. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the ORDER number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods which are termed 'dead on arrival', meaning that the Goods are found to be defective either on delivery or very shortly afterwards. We will not charge you for the collection of the Defective Goods. It is your responsibility to package and secure the Goods prior to collection.
We shall at our option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro-rata contract rate provided that you return the Goods to us with all internal and external parts that were delivered with the Goods.
If we have arranged for a courier collection of your product, this will normally occur between 9.00am and 5.30pm. We are unable to specify a precise collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
On receipt by us of the returned Goods, if following the testing process the Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods.
If, when we examine the Goods, it is evident that the defect has arisen because you have failed to follow MO Custom's or the manufacturer's instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without our consent then we reserve the right to refuse or limit any refund.
The Return Address:
MO Customs Computers (Returns)
83 Bromhall Road
Dagenham
Essex
RM9 4PH
FORCE MAJEURE
We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
CANCELLED ORDERS:
You are entitled to cancel your Order for any reason until, but no later than 24 Hours after the day of ordering. After than a cancellation will not be possible and the goods will be dispatched as normal.
Orders cancelled by you before the allotted time will be subject to a handling fee of £4.99. Orders cannot be cancelled after dispatch. A return may be authorised by is if we deem the reason of the return valid.
CARE OF GOODS TO BE RETURNED:
Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.
DATA PROTECTION:
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
ERRORS & OMISSIONS:
We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you.
Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.
A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
IMAGES:
Product images are for illustrative purposes only and may differ from the actual product.
TRADE NAMES & TRADE MARKS
Trade names and marks (other than ours) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
In the case of component purchases, if you require a particular brand of product should, then before placing an order, please check with us to confirm the identity of the manufacturer of the component that you are proposing to purchase.
Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in our sales literature and on our website.
(MO Customs, Dagenham, Essex, RM9 4PH, VAT Registration number: GB-944-5737-91, ICO Data Controller Number: Z2054321)