This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the "Products") listed on our website http://www.simplicitycomputers.co.uk (the "Website") to you. Please read these terms and conditions carefully before ordering any Products from the Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the Website.
Please note your attention is drawn in particular to clause 11 in relation to the limition of our liability under the contract.
1. Information About Us
http://www.simplicitycomputers.co.uk is a site operated by Simplicity Computers Limited ("We", "Us"). We are registered in England and Wales under company number 06877448 and have our registered office at 454 - 458 Chiswick High Road, London W4 5TT. Our main trading address is PO Box 65660, London W12 2BP. Our VAT number is 981363012.
2. Service Availability
The Website is only intended for use by people resident in UK, Northern Ireland and The Republic of Ireland. We do not accept orders from individuals outside those countries.
3. Your Status
By placing an order through the Website, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are resident in one of the Serviced Countries; and
- You are accessing the Website from that country.
4. How the Contract is Formed Between You and Us
4.1 You may place an order with us:
- on the Website by clicking on the relevant "Order Now" icon on our Website. You must then choose the Products that you wish to order (using the "Add to Cart" icon. You will be deemed to have placed an order with us for the Products you have indicated your wish to purchase on completing the ordering process set out on the relevant pages of the paypal.com website ("PayPal"); or
- by downloading a downloadable order form ("Order Form") from the Website and completing it in accordance with the instructions which appear on the Order Form and specifying the details of the Products you wish to purchase. You will be deemed to have placed an order with us for the Products you have indicated your wish to purchase on our receipt from you of a correctly completed Order Form.
4.2 After placing an order in accordance with either clause 4.1(a) or clause 4.1(b) above, you will receive a letter from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a letter or by phoning you to confirm that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Linked Sellers
5.1 We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer Rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7. Delivery and Acceptance
7.1 Your order will be fulfilled by the delivery date (usually within 30 days from receipt of order) set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 We may deliver the Products you have ordered in advance of the quoted delivery date on giving reasonable notice to you of our intention to do so.
7.3 We shall make deliveries during our normal business hours, between 9.00a.m and 5.00pm (excluding bank or public holidays). We may levy additional charges for any deliveries made outside such hours at your request.
7.4 If no one is present at the address set out in the Dispatch Confirmation as the address to which the Product(s) ordered should be delivered, or you do not otherwise permit us to make delivery of the Products to you, we shall be entitled to levy additional charges in respect of our storage and future delivery of the Product(s) to you
7.5 You shall be deemed to have accepted the Product(s) if you do not exercise your right to return the Products to us within 7 days of our delivery of them in accordance with clause [ 6.0].
7.6 We shall be responsible for any damage to the Product(s) you have ordered whilst in transit, provided that any boxes received damaged are clearly marked on the driver's paperwork as "Received Damaged and Contents Unchecked." You are required to notify us of any damage within 24 hours of receipt. Failure to do so may invalidate any claim for damage during transit.
8. Risk and Title
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and Payment
9.1 The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error.
9.2 These prices include VAT. However if the rate of VAT changes between the date of your order and the Despatch Confirmation, we will adjust the VAT you are required to pay.
9.3 These prices also include delivery costs to specified addresses in the mainland United Kingdom. Delivery outside of mainland United Kingdom will attract additional delivery costs, which we will add to the amount due by you. You should contact us for further details in respect of these additional delivery costs prior to your purchase of Product(s).
9.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.5 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.6 If we advertise a Product for purchase at an incorrect price, we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation in relation to an order made by you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.7 Payment for all Products must be made by one of the following methods:
- payment with an accepted debit or credit card, completed through the PayPal ordering process;
- payment through a valid and registered PayPal account; or
- payment by cheque sent with the completed Order Form.
- Directs payments (telephone banking, online banking and payments over a bank counter) into our account.
- We do not accept payment by over-the-phone card transactions. This might change in due course.
10. Defective Goods and Refunds Policy
10.1 In the unlikely event that any of the Product(s) do not conform with the warranty given in clause 11, please let us know as soon as possible after delivery. We will ask you to return the Products to us at our cost, and we will establish whether the Products are in breach of Warranty. If you wish to return any Products to us, you must return them in the original packaging, protective packaging and original box in which it was provided to you.
10.2 When you return a Product to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product(s) you have ordered in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us (which shall be in all circumstances £35 plus VAT).
- for any other reason (for instance, because have notified us in accordance with paragraph 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product(s) is defective), we will examine the returned Product(s) and will notify you of your refund via e-mail, or provide you with replacement Product(s) within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product(s). If established by us as defective, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant that on delivery and for a period of 6 months (for a simplicity HOMEKEY) or 12 months (for a simplicity computer) from the date of delivery, the Products shall:
- conform in all material respects with the manufacturer's specification;
- be of satisfactory quality;
- be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;
- be free from material defects in design, material and workmanship; and
- comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
11.2 This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform with these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
11.3 This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions in relation to the installation and use of the Product(s) or in any respect of any other matter connected to them, or any alteration or repair you carry out without our prior written approval.
11.2 We will take reasonable steps to pack the Products properly and to ensure that you receive your order in good condition.
11.3 These terms and conditions apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these Terms.
12. Our Liability
12.1 Our liability for losses you suffer as a result of us breaching this Contract including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching this Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.2 This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us , including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings; or
- loss of data
provided that this clause 12.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 12.3.
12.4 Where you buy any Product from a third party seller through the Website, the seller's individual liability will be set out in the seller's terms and conditions.
13. Import Duty
13.1 If you order Products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices or written communications given by you to us must be given to Simplicity Computers Limited at PO Box 65660, London W12 2BP or email@example.com. We may give notice to you or communicate at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14. Notices and other written communications will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice or other written communication, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our Rights to Vary These Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you complete an order for Products from us as set out in either clause 4.1(a) or 4.1(b), unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and Jurisdiction
Contracts for the purchase of Products through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.