Terms and Conditions - Highgate IT Solutions LTD

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

Highgate or Highgate IT is a trading name of Highgate IT Solutions LTD, reg no. 7260520, registered at Kemp House, 152-160 City Road, London EC1V 2NX.

Website usage policy

This website is owned by Highgate IT Solutions LTD and is governed by these Terms and Conditions. Purchasing goods from Highgate IT Solutions LTD indicates that you have read, understood and accepted these Terms and Conditions. Highgate IT Solutions LTD reserves the right to change or amend these terms and conditions at any time without prior notice. These Terms and Conditions apply from 20th May 2010.

Definitions

“AGREEMENT” means these terms and conditions and any schedules hereto together with the accompanying documentation as referred to in this document. “SUPPLIER” and “VENDOR” means Highgate IT Solutions LTD. “CUSTOMER” means the person, firm or organisation placing an order for products or services with Highgate IT Solutions LTD. “PRODUCT” means any service, product, item of equipment, hardware, software (or any other item containing, using or dependent upon any of the foregoing) supplied by Highgate IT Solutions LTD under this agreement including, in the case of service, any hardware or software provided to the customer by Highgate IT Solutions LTD as part of such service or used by Highgate IT Solutions LTD as part of such service.

“SERVICE” means the services to be provided under this agreement as described in the services part of this document or used by Highgate IT Solutions LTD as part of such service. “Highgate IT Solutions LTD”, “Highgate IT” & “Highgate” means Highgate IT Solutions LTD, whose registered office is at Kemp House, 152-160 City Road, London EC1V 2NX, the Supplier. “WE, US, OUR” etc refer to Highgate IT Solutions LTD. “YOU, YOURS” etc. refer to the CUSTOMER.

Agreement

Any order placed by a Customer shall constitute an offer to Contract subject to the Standard Terms and Conditions herein contained and unless expressly agreed in writing by an Authorised representative of Highgate IT Solutions LTD no addition to, or variation from, these Standard Terms and Conditions shall apply. These Standard Terms and Conditions will negate the Customer’s own Terms and Conditions as such.

Highgate IT Solutions LTDTerms and Conditions

  1. Format of the Contract

1.1 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) or received a copy of your official purchase order (approved account holders only) Once the Supplier does so, there is a binding legal contract between us. The vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the purchaser shall pay such additions in addition to the quoted price. Price Lists do not constitute an offer.

1.2 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 or credit account approved and you receive your confirmation of order e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. Once your order has been accepted you are not able to amend the order without our written consent.

  1. Description, price and availability of the goods

2.1 The description and price of the goods you order will be as shown on your quote or marketing material at the time you place your order. Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed, especially with generic products. Highgate makes every effort to ensure that all product descriptions quoted on it’s documentation are precise and accurate. All images & product information, specification, details, and, if applicable, dimensions, are supplied by the manufacturer, and are for illustration / reference purposes only. In the event of any discrepancy of the information portrayed in this information, the package contents will prevail. On the occasion when a mistake may occur, Highgate will be entitled to rescind the contract, not with standing that it has already accepted the customer’s order. Descriptions are provided for customer convenience only and the customer is responsible for verifying their accuracy prior to purchase. Unless there is a mistake in the manufacturers part number, all returns due to incorrect descriptions will be treated as a customer error and will be subject to a return’s authorisation request. Returns on the grounds of incorrect descriptions have to be raised within 5 calendar days of receipt and products need to be in a new condition

Note: If the product does not match the public statement made about it by the manufacturer, importer or producer; Highgate can not be held liable for any such statement or any changes made to such statements on the grounds that if we were not aware about such statements or could not reasonably be expected to know about it, or if it was corrected at the time of sale, or if the consumer could not have been influenced by the statement.

2.2 Whilst every effort is made to ensure that the prices shown on the Highgate quotes are accurate at the time you place your order, with the number of products we sell and the fast changing nature of our product lines, occasionally an item might be listed at the incorrect price. If a pricing error is found Highgate reserve the right to cancel, refund or void your order. We will contact you as soon as possible to explain the situation and offer you the option of replacing the order at the correct price, or cancelling the order. If Highgate, or you the customer cancel the order, we will refund or re-credit you for any sum that has been paid by you or debited from your payment card for the goods.

2.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Highgate will inform you as soon as possible to advise you of the new expected delivery date. If this new information is not acceptable we will refund or re-credit you for any sum that has been paid by you or debited from your credit card. Highgate strives to ensure that all goods are delivered on time, however we do not accept liability for goods delivered on an unspecified day. Highgate will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Highgate liability in respect of all other losses shall be limited to the invoiced value of the relevant order.

2.4 In addition to the product prices, you are required to pay a delivery charge for the goods.

  1. Payment

3.1 Payment for the goods, delivery charges and VAT can be made by any method made available to the customer at the time you place your order. For non-Account holders, payment shall be due before the dispatch date and time for payment shall be a fundamental term of this agreement, breach of which will enable Highgate to terminate the contract immediately.

3.2 There will be no delivery until cleared funds are received.

3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

  1. Delivery

4.1 We will deliver the goods ordered by you to the address provided by you on the order form. Delivery will be made as soon as possible after your order is acknowledged by us and we will endeavour to dispatch any order within 30 days of the date of your order. However, if you do not receive goods ordered by you within 30 days of the date of your order due to a cause beyond our direct control, we shall have no liability to you. Please note that it may not be possible for us to deliver to some locations, or within specific timeframes. In the case of next working day delivery we cannot and will not be held responsible for any delivery problems associated with the courier. Typically 97% of orders are completed the next working day, and we try our best to maintain this level of service.

4.2 You will only become the legal owner of the goods you have ordered when payment for the goods has been received in full. The goods will be held at your own risk from delivery. We will not be liable for their loss, damage or destruction after they have been delivered to you.

4.3 Highgate’s business is aimed at United Kingdom resident business’ only. If you are resident outside the United Kingdom, the importation or exportation of goods by us to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase from Highgate. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the supplier.

4.4 Short shipments: You are required to notify us within 3 days in writing that items are missing from the consignment.

4.4.1 Short shipments have to be confirmed by the warehouse before replacement items can be issued. The dispatching warehouse will either undertake a stock level count and/or provide proof on hand of weight measures controls that are done prior to shipping in the warehouse and at second stage when couriers receive consignments. The results of the two independent weight checks have normally the same values with a possible slight variation. NOTE: if outer box was damaged and it was not mentioned by the customer in writing on the consignment documents upon delivery acceptance, no claim can be made either with the courier or Highgate

5 Risk/Title

5.1 The goods are at your risk from the time of delivery.

5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to the Supplier from you on any account.

5.3 Highgate shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

  1. Returns

Purchases made by a business are subject to the following conditions and the distance selling regulations for end consumers do not apply:

6.1 Highgate will not accept the return of goods unless such return has been authorised by Highgate. Highgate retains the right at its sole discretion whether to accept the return of goods and if so a charge may apply.

6.2 In no circumstances are returns accepted for non-faulty goods after 7 days following delivery.

6.3 If a restocking fee is offered, the goods must be unopened and in the original packaging, with all the seals intact. They must be in a re-sellable condition and must be returned to us at your expense. We will refund the total amount paid for the goods, less any restocking fees, delivery and collection charges, within 30 days of receiving the returned goods.

6.4 If you wish to return goods you must obtain a returns authorisation number (RAN) by emailing us. Returns numbers are valid for 7 days.

  1. Warranty

7.1 All goods supplied by Highgate follow the standard manufacturer’s warranties. Please contact us to for details of specific manufacturers. Subject to the conditions below, a repair will be provided.

Please note that depending on agreements with the manufacturer warranties are claimed in two different ways:

1) Warranties that have to be claimed by the customer directly from the manufacturer from the moment of product delivery.

2) Warranties that have to be claimed from the manufacturer via Highgate’s return’s procedure.

In each instance the warranties are carried by the manufacturer directly and not by Highgate. All returns on grounds of faults are subject to manufacturer’s fault verification and approval. Please contact us prior to purchase if you wish to be informed about individual product warranties and ‘dead on arrival policies’.

7.2 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 Highgate or the manufacturer. Failure to follow Highgate’s or the manufacturer’s instructions, or any alteration or repair carried out without prior approval.

7.3 If the goods supplied to you are damaged on delivery, you should notify the us in writing via email within 48 hours.

7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 7 calendar days of the date you discovered the damage, defect.

7.5 Products found to be faulty after 7 working days of purchase will only be repaired. If a repair is not possible they will be replaced with the same product or one with equivalent features or price.

7.6 Faulty products will be checked by us and/or the manufacturer. If the product is NOT found to be faulty it would have to be returned and an administration fee will be raised. Please note that in the unfortunate event of a faulty product Highgate can not be held responsible for any delays incurred by repairs or replacements undertaken by the manufacturer.

7.7 Your replacement will be dispatched once the faulty goods have arrived back to us and have been tested for the described fault. Faulty units that have been returned with a manufacturer’s fault reference are also subject to fault tests and replacement units will be dispatched thereafter (subject to availability). If replacement items are not available within a reasonable time a refund will be offered. The amount of refund will be proportional to a reasonable assessment of fair wear and tear of the returned item which usually becomes effective after a six months usage. In that instance refunds will be assessed to the current market price but never above the original purchase price in accordance with guidelines of the Sales of Goods Act.

7.8 On occasion we may choose to dispatch a replacement before we have received the faulty unit from you. In this case it is still your duty to return the faulty item by following the return’s instructions given to you and in accordance with our return’s policy which states that faulty units have to be returned within 7 days after return’s authorisation. Failure to do so gives Highgate the right to take the full payment for the replacement unit received by you.

7.9 Important Note: Return’s Authorisations are valid for 7 days and thereafter would expire if the product/s have not been returned. Elapsed return’s authorisations are not subject to renewal.

  1. Limitation of Liability

8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:

8.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees and or agents;

8.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;

8.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.

8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.

8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

  1. Images

9.1 Product images are for illustrative purposes only and may differ from the actual product

  1. Data Protection

10.1 We have a full and detailed privacy statement available upon request.

10.2 Business Security – Highgate’s Business Systems and Merchant Gateway facilities employ 2FA (Two Factor Authentication) and SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided that you are using an SSL-compliant browser such as Netscape’s Navigator, Microsoft’s Internet Explorer, Opera, Firefox or Google Chrome, you will be able to conduct encrypted transactions without fear of an intermediary obtaining your credit card information.

10.3 Data Protection & Data Security – Data is maintained under the provisions of the Data Protection Act (1998), Highgate may contact you from time to time to verify and update the data Highgate holds on your records.

10.4 Information Automatically Logged – We may use your IP (Internet Protocol) address to help diagnose problems with our server and to administer our website. Your IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used for identification.

10.5 Registration and data sharing – Our site registration and order form requires you to give us contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account reference and transaction values). This data is securely stored for use in all our marketing communications and analysis databases.

10.7 Highgate may share your information with selected third parties, in order that they may contact you to let you know about goods or services which may be of interest to you. Please contact us if you wish to opt out of receiving such information.

10.8 You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

10.9 Please note that we may record and monitor inbound and outbound calls and electronic traffic for training purposes.

  1. Brand names and intellectual property

11.1 All trade marks, brand names, product names, titles and copyrights used in this website relating to products manufactured by third parties are owned by their respective holders. We give no permission in respect of the use of any of them and such use may constitute an infringement of the holder’s rights. Any other intellectual property rights relating to this website (unless otherwise stated) are owned by us.

  1. Entire agreement

12.1 These Terms and Conditions set out the whole agreement between us relating to the supply of goods by us to you. No statement by any individual employed by us should be understood as a variation of these Terms and Conditions or as a representation about the nature or quality of any goods offered for sale by us.

  1. Address for notices

13.1 Should you need to write to us notifying us with any comments, complaints or notices, they should be addressed to Highgate IT Solutions LTD, Kemp House, 152-160 City Road, London EC1V 2NX.

  1. Jurisdiction

14.1 These terms of sale, supply of the goods and the contract between us 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