TERMS & CONDITIONS
“Buyer” means the person or company who accepts the seller’s quotation for the sales of the goods or whose order for the goods is accepted by the seller;
“Goods” means the goods (including any instalment of the goods or any parts for them) which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the sellers quotation for the goods or the order placed by the seller for the goods whether by means of individual quotation, any published seller’s catalogue or website which the buyers accept;
“Quotation” means the written quotation setting out the price of the goods provided by the seller to the buyer;
“Seller” means 365 Computing Ltd, whose registered address is 27 Ayre Road, Birmingham, B24 9DU.
“Terms” means the standard terms of sale set out in the document and includes any special terms agreed in writing between the seller and buyer;
These terms govern the sale of the goods sold by the seller to the buyer named on the order form provided on the sellers web site, catalogue, quotation or other order form via email or post provided by the seller and where the goods are supplied as a result of the buyer’s acceptance of the quotation. The completed order form or quotation together with the terms constitute the entire and only agreement between the parties in relation to the sale of the goods and comprises a legally binding contract between the parties.
365 Computing also acts as the booking agent for clubs ran by ComputerXplorers Birmingham. For full details of their terms & conditions please visit https://birminghameast.computerxplorers.co.uk/terms-of-business. Key obligations of ComputerXplorers Birmingham and the Buyer, including cancellation policies, are listed in Section 9 below.
- Price and payment
- 1 If the buyer places an order via the web site, the price payable for the goods will be set out on the web site at the time the seller accepts the order.
- 2 The buyer may place an order following a written or verbal quotation from the seller and the prices of the goods will be detailed in the said quotation.
- 3 If the buyer accepts the seller’s quotation then the prices contained therein are only valid for the period of 14 days from the date of the quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained or an enquiry made as regards the price of the goods upon making an order.
- 4 Notwithstanding the above clauses the seller reserves the right by giving notice to the buyer at any time before delivery, to vary the price of the goods to reflect any increase/decrease in cost to the seller which is due to any factor beyond the control of the seller.
- 5 The buyer shall be responsible for any charges for V.A.T., carriage and insurance in addition to the price for goods unless otherwise agreed in writing between parties.
- 6 The seller must receive payment for the total price of the goods and any applicable charges for V.A.T. carriage and insurance, before the order can be accepted unless otherwise agreed in writing.
- Delivery and title
- 1 Delivery of the goods shall be made by the seller to the address of the buyer as stipulated on the order. A signature indicating safe receipt of the goods may be required on delivery or collection.
- 2 Any dates quoted for delivery of the goods are approximate only and the seller shall not be liable for any delay in delivery of the goods howsoever caused.
- 3 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, the seller may store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage.
- 4 Risk of damage to or loss of the goods shall pass to the buyer: a) in the case of goods to be delivered at the buyers premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods: b) in the case of goods being collected from the seller’s premises, at the time when the seller notifies the buyer that the goods are available for collection.
- 5 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms, the property in the goods shall not pass to the buyer until the seller has received payment in full of the price of the goods together with any charges in respect of V.A.T, carriage and insurance.
- 6 Until such time as the property in the goods passes to the buyer, the seller may at any time require the buyer to deliver up the goods to the seller, and if the buyer fails to do so forthwith, enter on any premises of the buyer or any third party where the goods are stored and repossess the goods.
- 1 The seller shall endeavour to hold sufficient stock to meet all orders, however if there are insufficient stock to supply or deliver the goods already paid for by the buyer, the seller shall, at its discretion, supply or deliver a substituted product or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days.
- Cancellation and returns (excluding items sold on behalf of ComputerXplorers Birmingham)
- 1 The buyer shall be entitled to cancel the order for standard & stock products by giving to the seller notice of cancellation within 7 days of the date of delivery. Such notice may be given by phone, post or email to the contact address set out on the website.
- 2 On cancellation, the buyer shall return the goods to the seller at its own cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the seller, in which case the seller will meet the cost of return subject to being able to nominate the carrier.
- 3 If the buyer wishes to cancel an order for bespoke products, notice of cancellation must be made within 1 day of placing the order; however such cancellation shall be subject to a fee in respect of any work carried out by the seller up to the date of receipt of such notice.
- 4 Where the buyer returns goods to the seller for reasons other than such goods being defective or faulty, the seller reserves the right to charge the buyer a fee in respect of restocking the said goods.
- 5 The buyer is required to ensure that any goods being returned to the seller are safely and securely packaged in the original packaging to ensure that they are returned undamaged and suitable for re-sale. The seller reserves the right to charge the buyer for any goods which it is unable to resell.
- 1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to the seller in accordance with clause 5.1 or (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure. If delivery is not refused and the buyer does not notify the seller accordingly, the buyer shall have no right to reject the goods and the seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
- 2 Where the buyer does notify the seller that there is a valid claim in respect of any of the goods the seller may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case the seller shall have no further liability to the buyer. For the sake of clarity, the seller shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude the seller’s liability to the buyer for fraudulent misrepresentation or for death or personal injury resulting from the seller’s negligence.
- 3 The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the goods;
The seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the buyer by notice in writing if the buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due
- Force Majeure
The seller shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including without limitation strikes, lockouts, acts of god and the like).
9. Conditions relating only to ComputerXplorers clubs.
9A Fees and Payments for Classes paid for by Parents/Carers
- 9.1 The Company’s fees for providing a Class are as advertised on any promotional material relating to the specific class at the specific location.
- 9.2 For After School/ Extracurricular/ Holiday courses payment will be required in full before the start of any Class and before any place is reserved or allocated for Your Child on a Class.
- 9.3 In the event that The Company is unable to deliver a Class in full as described you will be notified immediately and given an immediate refund of all fees paid for the undelivered Class.
- 9.4 In the event that The Company is unable to deliver a Class in part you will be notified immediately and given details of any alternative Class. You will have the option to receive an immediate refund for the part of The Class not attended by Your Child if they are unable to attend the alternative Class.
- 9.5 If an After School Class is cancelled due to school closure or cancelled by the school, the class will be rescheduled where possible. This may include the use of lunchtime sessions or alternative days.
- 9.6 For a course to run there must be a minimum number of participants. Should the minimum number not be achieved you will be notified and a full refund given, if money has already been accepted.
- 9.7 No refunds will be made in the event that your child is unable to attend all or part of any Class that runs as advertised.
- 9.8 Payment must be made via the website at the time of booking.
9B Your Obligations – for Classes paid for by Parents/Carers
- 9.9 Provide The Company with contact details of any person(s) who should be contacted by it in the event of an emergency – this applies to Parents/Carers of children in After School/ Extracurricular/ Holiday classes as well as representatives of Establishments/Organisations.
- 9.10 Parents/Carers of children in After School/ Extracurricular/ Holiday classes must provide The Company with the arrangements for the collection of Your Child from a Class.
- 9.11 Parents/Carers of children in After School/ Extracurricular/ Holiday classes should ensure that Your Child is at the required location on the required date and at the required time for a Class.
9C Notice of Your Right to Cancel – for Classes paid for by Parents/Carers
- 9.12 If Your Child is withdrawn from a class more than 21 days before the scheduled start date of the first session a full refund will be provided.
- 9.13 If Your Child is withdrawn from a club between 7 and 21 days before the scheduled start date of the first session a 50% refund will be provided.
- 9.14 Refunds will not be available for a withdrawal later than 7 days before the scheduled start date of the first session.
- 9.15 Notice of cancellation must be confirmed in writing. Notice of cancellation is accepted by email. Where notice of cancellation is posted, it is recommended that it is sent by Signed For Delivery, however cancellation will be deemed to be served as soon as it is posted or sent to The Company.
- 9.16 The Company will acknowledge receipt of notice of cancellation in writing within 14 days.
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the seller excludes its liability to the buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
If you are not happy with any aspect of service provided by The Company, you should contact our Company Director, Fiona Hall, via the contact details on this website.
The complaints procedure does not prevent you from seeking other means of redress.
365 Computing Ltd
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OUTLINED ABOVE.