Our responsibilities and your assurance of service.
Every quotation, pro-forma invoice, price list or other similar document made or issued by ICL Web Design is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers’ statutory rights as contained in current legislation governing the relationship between consumers and businesses.
Definitions:
The Buyer means the person who buys or agrees to buy goods from the seller.
The seller means ICL Web Design.
Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by the seller.
Goods mean any goods or services offered for sale by the Seller from time to time.
Conditions:
These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the seller.
No contract for the sale of goods shall arise until the buyer notifies the seller in writing of its acceptance of the seller’s quotation.
No contract for the sale of goods shall arise until the seller despatches the goods to the buyer or the buyer notifies the seller in writing of its acceptance of the seller’s quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the buyer’s acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
Prices:
The price shall be that on the seller’s current list price (or if applicable, the price contained in the seller’s quotation).
The seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the buyer must be informed prior to despatch and have the option to cancel the order. If the buyer cancels the order due to price revision any money they have paid will be refunded in full.
All prices are exclusive of VAT and any additional charges for packing, postage and carriage including VAT which shall be paid in addition.
In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Failure to meet payment deadlines will by default entitle ICL Web Design where it deems appropriate to take any necessary Legal action to recover their full costs.
If either the buyer or seller deems it necessary to cancel the hosting of any website 14 days notice will be given by ICL Web Design (upon receipt of notification if from the buyer) and any hosting fees due will be refunded as deemed necessary by ICL Web Design.
If any act or proceedings shall be commenced in which the buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
Acceptance of Orders:
No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by ICL Web Design shall be binding unless and until it is accepted by the customer. ICL Web Design at its absolute discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever.
Product Specifications:
ICL Web Design warrants that the goods will be at the time of delivery corresponding to the description given by us. It is the responsibility of the customer to check the compatibility and suitability of goods for any particular purpose before ordering. ICL Web Design hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
Payment:
Payment will not be taken from the Customer until all goods ordered are ready for despatch. The contract will be deemed as active once payment has been received by ICL Web Design.
Despatch:
Customers will be given an estimated date of despatch when placing orders. If these dates are exceeded ICL Web Design will endeavour to keep customers informed of the delay and an expected new delivery date.
Delivery:
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Failure by the buyer to pay for any instalment or delivery when due shall entitle the seller to withhold further deliveries and the buyer shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
Delivery of the goods shall be made to buyer’s address and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Damages and Shortages:
The customer shall report any damage or shortage to ICL Web Design in writing within 2 days of delivery. Provided prompt notice of transit damage or loss is given and provided it is proved to ICL Web Design satisfaction that such damage occurred in transit in the UK but not otherwise, ICL Web Design will arrange to repair or replace such equipment free of charge to the customer.
Ownership and Risk:
The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
If any payment due under these conditions is overdue in whole or in part, the seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the buyer’s premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the buyer shall be liable for all the seller’s costs of so doing.
Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between ICL Web Design and the customer under which the goods were delivered.
If the buyer is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the buyer must promptly give notice of rejection to the seller and make the goods available for collection by the seller.
In the case of any other sale the buyer shall inspect the goods immediately upon delivery and shall notify the seller within two days of delivery if the goods are damaged or do not comply with the contract. If the buyer fails to do this, he is deemed to have accepted the goods.
Warranty & Returns:
All new products, except consumables and input devices, are covered by our suppliers return to base warranty. If you wish to return any faulty item you must first contact us. You must use any manufacturer repair service or on-site arrangement provided. Any on-site arrangements apply to mainland UK only.
Cancellation Returns:
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then a goods return number obtained from the seller must be clearly shown on the returned parcels.
The goods to remain at the buyer’s risk in all respects until received by the seller. The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the buyer or through the buyer’s fault.
The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
Product Misuse:
Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion) then all costs incurred by ICL Web Design in repairing such equipment and investigating the causes of the malfunction shall be payable to ICL Web Design by the customer.
Force Majeure:
ICL Web Design will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought , fire, legislation or other cause beyond the companies reasonable control. This does not affect your statutory rights. If ICL Web Design choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Liability:
Under no circumstances shall ICL Web Design be responsible for any indirect, incidental or consequential damages.
Distance Selling Regulations:
The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Protection (Distance Selling) Regulations 2000. This legislation covers items bought where there is no direct contact between the supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions.
TFT, LCD & Plasma Pixel Policy:
As a 15inch LCD display contains 2,359,296 pixels, a 19inch LCD display contains 3.932.160, and a 24inch display contains 6,912,000, having a “few” dead pixels is not considered a defect. It is rare for a monitor to ship with, or develop pixel irregularities. If or when a dead pixel occurs, it is not an indication that more will occur. It is usually a solitary incident.
Therefore, ICL Web Design feel it is important to make our customers aware that some screens may have slight irregularities in the form of dead pixels.
Unfortunately, ICL Web Design will only be able to arrange a replacement for a screen that has three or more dead pixels spread across the screen, or two dead pixels that are connected to each other.
We are sorry for any disappointment this may cause our customers, however, the manufacturers of TFT, LCD and Plasma screens dictate this policy.
Your contract is with:
ICL Web Design
15 Wayground Road
Corfe Mullen
Wimborne
Dorset
Bh41 3ED
Tel: (+44) 1202 842732
If you have any questions or complaints regarding ICL Web Design, these can be addressed to the Business Partners at the above address. ICL Web Design will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling must be agreed to by the buyer following receipt of a quote from ICL Web Design. ICL Web Design are happy to provide a quote via email or post.
Goods returned have to be complete including original packaging. The cost of returning and appropriately insuring the goods until satisfactory receipt at ICL Web Design will be borne by the customer.
These conditions shall be construed in accordance with English law.
These conditions do not affect your statutory rights.
