Netvoyager Technology Limited Online Supply Terms and Conditions of Trading
1. Definitions
(1) "Business Customer" means a customer who is not a Consumer.
(2) "Consumer" means an individual who is not acting for the purposes
of his or her business or profession.
(3) "Netvoyager" means Netvoyager Technology Limited also referred to as "we"
or "us" in these terms and conditions.
(4) "Catalogue" means the catalogue of products and services offered
by Netvoyager.
(5) "Force Majeure" means any cause affecting the performance by Netvoyager
of its obligations arising from acts, events, omissions, happenings or non-happenings
beyond its reasonable control including (but not limited to) governmental regulations,
fire, flood or any disaster or industrial dispute affecting a third party.
(6) "Normal Working Hours" means 9 am to 5:30 pm on a Working Day.
(7) "Working days" means Monday to Friday, excluding Bank or other
Public holidays.
Please note that special terms apply to Consumers, which prevail over the other
provisions of these terms and conditions. Customers who are Consumers are referred
to Clause 13.
2. Orders
(1) All contracts of sale made by Netvoyager shall be deemed to incorporate these
terms and conditions, which shall prevail over any other terms from the party
("the Customer") with whom Netvoyager is dealing. Cancellation of orders
by business to business customers is not accepted as many orders are despatched
on the same day the order is placed. Cancellation of orders by Consumers will
be accepted in accordance with the Consumer Protection (Distance Selling) Regulations
2000. Nothing in these terms and conditions is intended to impinge upon a Consumers
statutory or contractual rights to reject faulty goods.
(2) All orders are subject to acceptance and to availability of the goods ordered:
Netvoyager is entitled to refuse any order placed by you.
(3) You undertake that:
(a) all details you provide to us for the purpose of purchasing goods or services
offered on our web site are correct, and
(b) the credit or debit card you use to make a purchase from us is your own
card or your companys 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 us. We reserve the right to obtain validation of
your credit or debit card details before providing you with any goods or services,
which may incur a 1 day delivery delay.
(4) Please note, Netvoyager may record and / or monitor inbound and outbound calls
and electronic traffic for training purposes.
3. Prices
(1) Goods and services, together with VAT, are invoiced at the price prevailing
at time of order.
(2) Netvoyager reserves the right to modify the prices from time to time.
4. Delivery, Title and Risk
(1) Netvoyager shall use reasonable endeavours to despatch goods by the date
agreed with the customer, but does not accept liability for failure to deliver
within the stated time where this is caused by circumstances beyond our reasonable
control, such as delays caused by delivery companies or manufacturer lead times.
If a delay is likely, we shall contact the customer and advise of the delay.
A customer who is a Consumer shall be entitled to cancel an order when advised
of a delay if the revised delivery date is greater than 14 working days.
(2) In the case of a Business Customer, if Netvoyager is unable to deliver the
goods within 30 days of the agreed delivery date , the Customer will, as its
sole remedy, be entitled to cancel the order and require any monies paid to
Netvoyager in respect of that order to be refunded. In order to cancel, the Customer
must send written notice of cancellation to Netvoyager after the above date but
before delivery of the goods or notification from Netvoyager that the goods are
ready for delivery. This Clause does not apply to Consumers.
(3) In the case of Business Customers, Netvoyager does not accept liability
for shortages or damage to deliveries unless the Customer notifies Netvoyager
of the shortage or damage in writing within 7 days of receipt of the delivery.
Consumers should notify shortages or damage within a reasonable period of becoming
aware, where a reasonable period is considered to be no more than 5 days.
(4) Business Customers are required to be able to accept the goods when they
are ready for delivery within Normal Working Hours.
(5) Delivery is deemed to take place when the goods are delivered to the Customer's
nominated address, whereupon the risks of loss, breakage and all damage and
all other risks shall pass to the Customer.
(6) Title in the goods does not pass to the Customer until payment is received
in full by Netvoyager.
(7) If the Customer cannot accept delivery, Netvoyager may at its option: (a) store
and insure the goods at the Customer's expense and risk or (b) sell the goods
at the best price reasonably obtainable and (after deducting reasonable storage
insurance and selling costs) pay to the Customer any excess over the sale price
or charge the Customer for any shortfall or (c) re-arrange delivery provided
that Netvoyager may charge the Customer for the additional delivery costs incurred.
(8) The Customer may request a Proof of Delivery, provided that this request
is made in writing within 3 months of the date of delivery and Netvoyager shall
use reasonable endeavours to provide such proof. Thereafter, delivery shall
be deemed to have been successfully completed.
5. Payment
(1) Netvoyager's standard terms of payment are 7 days from the date of the
invoice, and these will apply except in the case of transactions where different
terms are agreed in writing. These apply only to account holder business to
business customers and is not applicable to online sales.
(2) If payment is not made on the due date, Netvoyager will be entitled to charge
interest daily on the outstanding balance at the rate of 3% above Barclays Bank
Technology Limited base lending rate from time to time.
6. Product specifications
(1) Netvoyager makes every effort to supply the goods as advertised but reserves
the right to supply the goods subject to minor variations in actual dimensions
and specifications where these are changed by the manufacturer.
(2) If Netvoyager cannot supply the goods ordered by the Customer, Netvoyager reserves
the right to offer goods of equal or superior quality at no extra cost. In such
a case, if the Customer does not wish to accept the alternative goods offered,
he or she may cancel the order and require the refund of any money paid to Netvoyager
in respect of that order, including carriage charges. This shall be the sole
remedy of the Customer in these circumstances.
(3) Due to the current manufacturing methods of active matrix display panels,
a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are
accepted by the industry as unavoidable. Accordingly, because the manufacturing
yield of perfect active matrix panels is low, displays may have some sub-pixels
that are either always on or off. The cost of accepting only theoretically perfect
displays would almost double the price of a portable computer using an LCD screen
or a standalone LCD screen. Please be aware of this before purchasing a TFT
screen. Netvoyager has to adhere to the manufacturer's guidelines stipulating
that a given number of pixel failures are deemed acceptable before the TFT screen
is accepted for replacement on grounds of fault.
7. Trade names and Trade Marks
(1) Trade names and marks (other than Netvoyager's) 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.
(2) In the case of component purchases, Customers requiring a particular brand
of product should, before placing an order, check with Netvoyager the identity
of the manufacturer of component it is proposed to purchase.
8. Warranties and Returns
Please note that special terms apply to Consumers who wish to return goods,
which prevail over the provisions of this Clause 8. Customers who are Consumers
are referred to Clause 13.
(1) Netvoyager is committed to providing our customers with the highest quality
products and service. However, on rare occasions, products may be found to be
faulty or defective. In such cases we offer the returns facilities described
below.
(2) Unless otherwise stated in the manufacturer's documentation, all goods delivered
to a UK mainland address carry a 12-month manufacturer's warranty.
(3) If you purchase goods in the course of your business, the following provisions
of this Clause shall apply. Other than the express provisions set out in these
terms and conditions, all other terms and the implied terms or warranties relating
to the supply of goods are excluded to the fullest extent permitted by law.
Goods are not tested or sold as being fit for any particular application or
for use under specific conditions, unless expressly agreed in writing.
(4) If you purchase services in the course of your business, the following provisions
of this Clause shall apply. Netvoyager shall use its skill and expertise to carry
out any contracted works (the "Service(s)") to a standard equivalent
to that of a competent computer professional, and shall warrant our work as
free from defects, for a period of 30 days after completion. In particular,
we cannot be held responsible for any fault or damage not caused by Netvoyager
services' engineers or its contracted agents. In the event of a claim arising
relating to the level of skill and judgement applied in the course of providing
Services, Netvoyager reserves at its sole discretion the right to appoint an independent
expert in the field to appraise the work carried out in the execution of the
Service(s). Additionally, Netvoyager cannot be held responsible for equipment installed
or configured when the equipment has subsequently been altered or configured
by persons other than Netvoyager. Except as set out here, all other express or
implied terms or warranties relating to the Services are excluded to the fullest
extent permitted by law.
(5) Subject to the right of Consumers to return goods for refund under The Consumer
Protection (Distance Selling) Regulations 2000 (see Clause 13), Netvoyager does
not sell products on a trial basis. Customers are strongly advised to check
suitability and specifications of products before ordering.
(6) In the event that Netvoyager, at its discretion (unless the Consumer Protection
(Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept
the return for credit of unwanted products, the goods must be returned with
Netvoyager's prior written agreement within 7 days of delivery. The goods must
be unopened and in perfect re-saleable condition. All goods returned in these
circumstances (except where the Consumer Protection (Distance Selling) Regulations
2000 apply, see Clause 13) will be subject to a handling fee of 15% of Netvoyagers
sale price for the goods, or £20, whichever is the greater.
(7) Subject to testing to verify any alleged fault, we will accept the return
of defective goods for full refund or replacement at our option, if, but only
if, the goods are returned within 7 days of delivery. Consumers who wish to
return defective products are not obliged to follow the processes set out below,
but are recommended to do so as this helps us to provide a more efficient returns
service.
(a) Netvoyager's technical support staff or Customer Support staff, as appropriate,
will advise you of which method of delivery to use to return the products. Depending
on the nature of the product purchased, we will either arrange a courier collection,
or request that you return the product directly to us. If the goods are found
on inspection to be defective, the cost of returning the item will be refunded
to you. Authorised product returns must be sent to: Customer Returns, Netvoyager
Technology Limited, The Shepherds Building, Rockley Road, London, W14 0DA.
(b) Netvoyager offers a "no charge" collection, repair and delivery
service (on the UK mainland only) for hardware which is shown to be faulty provided
that the fault is reported within 7 days of delivery. If we have arranged for
a courier collection of your product, we are unable to specify the collection
time, and it is your responsibility to ensure that someone will be present at
the collection address when the courier arrives.
(c) All returned goods (except those returned under Clause 13) must be accompanied
by Netvoyager's Returns Authorisation number (RA Number) which can
be obtained by contacting Customer Support on 0845 108 3030. Returned goods
will not be accepted without an RA Number. Do not write directly on the manufacturers
packaging. Please write the RA number on the address label provided with the
Returns Authorisation and attach it to the returned package. Any defacement
of the manufacturers packaging or damage caused by inadequate packaging
may result in the rejection of the return or an additional restocking fee, at
Netvoyagers sole discretion.
(d) Netvoyager cannot accept liability for packages damaged during transit. It
is the Customer's responsibility to wrap the product adequately to prevent damage.
(e) Proof of postage is not proof of delivery and you are therefore strongly
advised to send your package by recorded delivery, registered post or courier,
and to insure the goods for their full value.
(f) On receipt of the returned product, we will test it to identify the fault
you have notified to us.
(g) If following the testing process, the product is found to be in good working
order without defect, we will return the product 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 a replacement product before completion
of the testing process, you will have to pay for this product also. This Clause
does not apply to Consumers returning goods pursuant to Clause 13.
(h) Unless otherwise stated in the manufacturer's documentation, all goods delivered
to a UK mainland address carry a 12-month manufacturer's warranty. Customers
who wish to make a warranty claim must comply with the manufacturer's instructions
and warranty procedure. In order to resolve your problem as quickly as possible,
we may refer you to the product manufacturer who will deal directly with the
return. In these instances, we will provide you with the contact information
for the relevant manufacturer. If you are a consumer, this does not affect your
statutory rights.
(i) This warranty shall not apply if the goods have been worked upon, altered
or damaged in any way by the Customer or its employees or agents, or to goods
not used in accordance with the manufacturer's instructions.
(j) No software on which seals have been broken can be returned for credit.
If any software discs are faulty, the manufacturer will replace them. If you
are a consumer this does not affect your statutory rights. Please note Software
Licences are non returnable unless the software is materially non-compliant
with its specification or the physical media on which it is supplied is defective.
(k) Some manufacturers require goods to be returned within 7 days or less in
order to secure refund. In such instances the manufacturer's time limit will
apply and therefore Netvoyager will only accept a return within 7 days of purchase
or the manufacturer's time limit, if that limit is less than 7 days. This is
clearly indicated on the catalogue page for the particular product. We can only
accept the return of a defective product that does not meet the description,
if they are returned to us within 7 days. Beyond that period you will be deemed
to have accepted the goods and you must therefore check the goods promptly on
receipt. Please note that this period is reduced to 3 days for clearance bargains
and NCCR, products as set out in condition 12.
9. Netvoyager's liability
(1) In its dealings with Business Customers, Netvoyager shall under no circumstances
be liable for any consequential or indirect damage or loss, however caused,
including (but not restricted to) loss of business or profits, loss of goodwill,
damage to trading relationships loss of data and other financial loss. ("Financial
loss" in this sense does not refer to the price you have paid for the goods,
which we may be liable to refund to you, in whole or in part, if the goods are
faulty or do not comply with their description). Netvoyager's liability in respect
of all other losses shall be limited to the invoiced amount of the relevant
order.
(2) Nothing in this agreement shall limit Netvoyager's liability for death or personal
injury caused by its negligence.
10. Health and Safety
(1) Netvoyager confirms that the goods it supplies as a distributor do not present a hazard to health and safety
(a) when properly used for the purpose for which they are designed; and
(b) if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
(1) Where, in spite of its reasonable efforts, Netvoyager is unable to perform
an obligation due to circumstances beyond its reasonable control , it shall
not be deemed to be in breach of its contract with the Customer.
12. Special Rules for Clearance Bargains & Non-Current
Catalogue Requests (NCCR) Products
Please not that special terms apply to Consumers who wish to return goods,
which prevail over the provisions of this Clause 12. Customers who are Consumers
are referred to Clause 13.
(1) Goods sold as 'Clearance Bargains' or "Stock Blowout" are downgraded
goods that Netvoyager is able to offer at a discount on the normal catalogue price.
Stocks of goods offered as Clearance Bargains are limited and such goods are
sold subject to the following special rules. These special rules apply in addition
to, and in the event of any conflict override, all of Netvoyagers other terms
and conditions, except those terms and conditions specifically covering Consumers.
(2) Clearance Bargains are graded according to the condition of the goods, which
is described at the point of sale. The length of the guarantee (if any), with
the benefit of which the goods are sold, is specified in the description of
the relevant grade.
(3) Clearance Bargains, by their very nature, have limited availability. Upon
receipt of an order for Clearance Bargains, Netvoyager will check stock availability.
Until stock availability is confirmed to the customer, a contract for sale will
not be created and no payment will be debited from the customer.
(4) All goods sold by Netvoyager as Non-current catalogue requests
(NCCR) or Specials are sold subject to the following
special rules that apply in addition to Netvoyagers other terms and conditions.
(a) Products are non-returnable unless we have made an error or the goods
are faulty;
(b) quoted prices are valid for 7 days only, and
(c) quoted prices are not subject to value, cash or volume discounts.
13. The Consumer Protection (Distance Selling) Regulations
2000
(1) Contracts for the purchase of goods by a Customer not acting in the course
of a business and made over the telephone or through the Netvoyager website, or
by mail order, are, with the exception of certain excepted contracts, subject
to The Consumer Protection (Distance Selling) Regulations 2000 (the Regulations).
(2) If the Regulations apply, Customers may cancel goods purchased from Netvoyager
by sending a written notice of cancellation by post or hand delivery addressed
to Customer Services at Netvoyager Technology Limited, The Shepherds Building, Rockley Road,
London, W14 0DA, or by fax to 0870 051 11 74 or by e-mail to support@netvoyager.co.uk.
(3) The notice of cancellation must be delivered within 5 working days of the
day after date of delivery of the goods.
(4) The Customer will be responsible for the cost of returning the goods if
he or she exercises this right of cancellation under the Regulations. If the
Customer does not actually return the goods to Netvoyager, the Customer is under
a duty to make the goods available for collection at the Customers expense
from the address to which they were delivered.
(5) The Customer is under a duty to retain possession of the goods whilst awaiting
return to Netvoyager and to take reasonable care of them during this period. The
Customer will be liable for any loss of or damage to the goods if he or she
fails to comply with this obligation.
14. Errors and Omissions
(1) Netvoyager makes every effort to ensure that all prices and descriptions
quoted in its catalogue and on its website are correct and accurate. However,
the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally
occur. In the case of a manifest error or omission, Netvoyager will be entitled
to rescind the contract, notwithstanding that it has already accepted the Customer's
order and/or received payment from the Customer. Netvoyager's liability in that
event will be limited to the return of any money the Customer has paid in respect
of the order. In the case of a manifest error in relation to price, the Customer
will be entitled to purchase the goods by paying the difference between the
quoted price and the correct price, as confirmed in writing by Netvoyager after
the manifest error has been discovered.
(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means,
in relation to an incorrect price, a price quoted in error by Netvoyager which
is more than 10% less than the price that would have been quoted had the mistake
not been made.
15. General
(1) Nothing in these terms and conditions affects your statutory rights as
a Consumer.
(2) If any provision in this Agreement is held to be invalid or unenforceable,
it shall be deemed severed from the Agreement and this shall not affect the
validity or enforceability of the remaining provisions.
(3) Any waiver of a breach of this Agreement must be in writing.
(4) Any variation of this Agreement must be in writing and signed by a duly
authorised Netvoyager official.
(5) The headings are for convenience only and shall not affect the interpretation
of this Agreement.
(6) Any notices given under this Agreement shall be in writing and sent (a)
by first class pre-paid post to the last known address of the party; or (b)
by fax to their last known fax number; or (c) by e-mail to the last notified
e-mail address of the party.
(7) These terms and conditions shall be governed by and construed in accordance
with the laws of England & Wales and the parties submit to the non-exclusive
jurisdiction of the English courts.
(8) Netvoyager may at its discretion record telephone transactions for staff training
and quality control purposes.