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

1. Definitions

2. Format of the Contract

3. Description and price of the goods

4. Payment

5. Sales and Delivery

6. Your right of cancellation

7. Warranty and Returns

8. Applicable Law

9. Miscellaneous

1. Definitions

a. "Supplier", "we", "our" & "us" means the company meaning MICROGATE COMPUTERS LTD.

b. "You" or "buyer" means the person whose order is accepted by us.

c. "Contract" means the contract which is formed by the buyer on the basis of these Terms and Conditions to buy the goods from us.

d. "Goods" means the items or products which we are to supply.

e. "Terms and Conditions" means these terms and conditions and any special or additional conditions agreed in writing by the us.

f. "Website" or "Online Store" means our online store which you have visited to gain access to these terms and conditions.

g. "Writing" includes writing, facsimile transmission, email and other comparable means of communication and "Written" shall be construed accordingly.

h. "Working Days" mean our working days of Monday - Friday 9.00am to 5.30pm excluding our additional weekend trading hours, bank holidays and/or any other public holidays.

k. "Private customer" means any person with whom we contract under this contract who purchasing goods intends to use the goods for personal and family use only.

2. Format of the Contract

a. No contract exists between you and us 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). Once the Supplier does so, there is a binding legal contract between us.

b. 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 and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.

c. The contract is subject to your right of cancellation (see below).

d. The Supplier may change these terms of sale without notice to you in relation to future sales.

3. Description and price of the goods

a. Advertised prices are in UK British pounds.

b. The prices of goods shown on our website are shown exclusive of VAT.

c. The prices of goods shown on our website are exclusive of postage and packaging charges which will be invoiced in addition by us.

4. Payment

a. Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.

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

c. We remain the owner of the goods supplied until we have been paid in full in cash or cleared funds for those goods and all other goods agreed to be sold by us to the buyer under any other contract between us and the buyer.

5. Sales and Delivery

a. We agree to sell and buyer agrees to buy the goods that the buyer has ordered at the current price at the date of the order.

b. All orders are subject to acceptance and availability of the goods ordered. No order shall be binding unless accepted by us. We reserve the right to accept or refuse any orders at our discretion.

c. We do not sell products on a trial basis. The buyer is strongly advised to check compatibility and specifications of products before ordering.

d. While we endeavour our best to deliver goods as soon as possible and keep to any delivery dates mentioned, we are not liable for failure to deliver within the stated time as times and dates mentioned are estimates only.

e. Custom built computer orders are normally despatched within 4-6 working days.

f. We are entitled to deliver orders in instalments in the event that certain components are out of stock.

g. Delivery of the Goods shall be made to the address supplied by the buyer and the buyer shall make all necessary arrangements to take delivery of the goods whenever they are due for delivery. The Buyer is solely responsible for the goods once they have been delivered to the delivery address.

h. Where the buyer provides inaccurate payment details to us, this may result in a delay in dispatching the goods.

i. The buyer acknowledges that the delivery agent's terms and conditions usually provide that where complaints regarding defects, shortages or failure to arrive are not made within forty eight (48) hours then the delivery agent excludes liability for any such subsequent complaint. Accordingly, the buyer acknowledges that the requirement of this clause is reasonable.

6. Your right of cancellation

a. You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).

b. To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the e-mail.

c. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address given below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

d. If the buyer fails to return all peripheral items included as part of the goods (including without limitation CDs, manuals and cables) as required, the buyer will not be entitled to withdraw from the contract under the Regulations.

e. Products must be returned unopened, unused and in the condition which they were sent. Goods must be securely packaged. Un-secure packaging may prevent a refund. Any delivery costs are non-refundable.

f. Under the Consumer Protection (Distance Selling) Regulations 2000 any custom built or altered systems will be subject to 25 percent (25%) restocking/handling and labour fee.

g. The notice of withdrawal must be sent within seven (7) working days of the date of delivery of the goods.

h. The buyer will be responsible for the cost of returning the goods if the buyer exercises this right of cancellation under the Regulations.

i. The buyer is under a duty to retain possession of the goods pending the return of the goods to us and to take reasonable care of them during this period. The buyer will be liable for any loss of or damage to the goods if the buyer fails to comply with this obligation.

7. Warranty and Returns

a. We warrant that goods purchased are supplied with a twelve (12) month guarantee (unless otherwise stated) in respect of parts and labour, except goods that we clearly describe as "sale" or "clearance" items, which will have a reduced price and a reduced warranty period of 30 days, unless mentioned otherwise.

b. The warranty period commences on the next day after delivery or collection.

c. As soon as the goods have arrived at the premises of the buyer, the buyer shall fully unpack and thoroughly examine the goods. The buyer shall report to us within forty eight (48) hours any goods which are found to be defective or damaged (time being of the essence of this obligation). Any discrepancies notified to us after this time period will be treated as physical damage by the buyer and in effect void warranty.

d. 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 the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

e. In the event that a goods must be returned to Supplier the sender is responsible for organizing the dispatch and packaging of the computer. Supplier would cover the courier costs when returning an item in the event that it is DOA (Dead on Arrival) only. Otherwise, we can arrange for collection and re-delivery. Please e-mail us for transportation costs.

f. Any repairs or parts supplied or other work carried out which are found to be outside the terms of this warranty will be charged to the purchaser, and will be payable at the point of service.

g. Any goods returned to us under the returns procedure set and found by our technical department not to be faulty will incur an administrative charge of ten pounds (£10) per item returned (to cover the costs of unpacking, and testing ). If no fault is found transportation costs will apply.

h. All goods to be returned for whatever reason must first have an authorisation code issued by our returns system. Failure to obtain such authorisation may result in non-delivery or the rejection by us of the returned goods. The RMA number provided by us must be clearly mentioned on the outside of the packaging.

i. The buyer must adequately wrap and package the goods (and all peripheral items including without limitation CDs, manuals and cables). Where goods are returned, all postage and packing charges are to be paid by the buyer and are not refundable by us under any circumstances.

j. Proof of postage and packing is not classed as proof of delivery, and the buyer is therefore recommended to send the goods by registered post or by a reliable courier. The risk in the goods remains with the buyer until they are received by us. Accordingly, we do not accept responsibility for damage to the goods in transit. The buyer is therefore recommended to take out valid insurance.

k. Where any goods are to be returned, those goods must be accompanied by all peripheral items including without limitation CDs, manuals and cables. If the buyer fails to return all peripheral items included as part of the goods we may not accept the return of the goods.

8. Applicable Law

a. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

9. Miscellaneous

a. Each of the parties acknowledges that in entering into this contract it has not relied upon any representations other than those reduced to writing in this contract. The provisions shall not apply to any fraudulent misrepresentation.

b. We rely upon third parties, such as suppliers, for many of our data feeds and accordingly do not guarantee the accuracy of all data included in the website.

c. We rely upon third parties, such as suppliers, for many of our images and accordingly images are for illustrative purposes only.