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Terms of Trading

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1: Definitions

 

The definition of terms used in the terms and conditions of trading are:

 

  • 'Buyer' - the Person, Firm or Company so named in the Purchase Order.

  • Seller' - the Purchase Order is issued to 128 Concepts; your order.

  • 'Goods' - all items to be supplied and/or all work to be done by the Seller are specified in the Purchase Order.

  • 'Purchase Order' - Buyer's Purchase Order which specifies that these conditions apply to it.

  • 'The Contract' - the arrangement between Buyer and Seller, comprising the Purchase Order, these conditions and any other documents specified in the Purchase Order.


2: Conditions

 

The following terms and conditions apply to all transactions ordered on EZ Shopper online store (i.e. 128 Concepts) - The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. To order goods through this website you must be at least 18 years of age.

We have the right to refuse at our discretion to supply any goods ordered by you.

 

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A. Purchase Order

A Purchase Order is made once the Buyer has placed, and 128 Concepts has received confirmation of a placed order from the 128 Concepts website or via a posted order from the Buyer.

 

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A.1 Description of Goods

 

Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer’s brochures & websites.

 

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A.2 Typographical Errors

 

In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

 

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A.3 Product Images / Specifications

 

Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect images/information. If however you spot a mistake with an image or with a products specification please let us know here.

 

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B. Price

The price of our products will be fixed at a certain price. The Seller will bear the cost of carriage and packing. Acceptance of the price of software and/or services will be bound to by the Contract. 

 

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B.1 Payment Method

 

EZ Shopper Online Store (i.e. 128 Concepts) is a UK site only. Orders will only be accepted from UK residents for UK delivery, paid for with UK debit cards or postal orders or cheques. On the order you must provide us with your exact address and telephone number - in event we need to contact you we will do so via email or by post.

 

Your order will only be processed once authorisation of your debit card/postal order/cheque has been properly received.

 

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C. Payment

Payment for products from 128 Concepts will be paid for via cheque, online payment services as chosen from the Buyer. Once payment has been received from the Buyer to the Seller, 128 Concepts will deliver products once payment from you has cleared. Please allow up to 5 working days for clearance of cheques and payment from online payment services.

 

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C.1 Availability of Goods

 

All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled.  Products are subject to suppliers’ stock availability and delivery dates made by the suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.

 

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D. Delivery

128 Concepts will bear the cost of packing and carriage, as agreed in the price of purchase as stipulated in section 2A. 128 Concepts reserves the right to deliver purchased items within a reasonable amount of time. In the case of delivery delays or production delays that are beyond our control, 128 Concepts will notify the Buyer of possible delays and inform the Buyer of an estimated time of delivery or purchased items. In most cases, delivery of the Buyer's Purchase Order(s) will be made as soon as processed orders and payment from the Buyer is completed. 

 

Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

 

Delivery of the Goods shall be made to the Customer's address (incorrect address given by customer 128 Concepts shall not be held liable for non-delivery and before 128 Concepts delivers any goods we will contact the Customer via email to confirm the delivery address before goods are dispatched; therefore customers are advised to promptly reply our email to ensure quick delivery) and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
 

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E. Rights of Stoppage and Ownership for Unpaid Goods

Where goods are in transit and the Buyer is unable to pay or becomes insolvent, the unpaid Seller (128 Concepts) has the right to resume ownership of goods until payment is made. In this case, the unpaid Seller may exercise the right of stoppage by taking ownership of the goods. Notice of claim will be given in the case of goods in transit or goods that have been delivered. If the Buyer cannot pay for goods, the goods must be returned to the Seller (128 Concepts). In the event that the Buyer retains the goods and has outstanding payment, proceedings will be taken to recover payment under the legislation and jurisdiction of the system of law for the Buyer's country. Buyers from England are reminded that the terms and conditions in this document that make up the Contract are construed in accordance with, and governed by English law. The parties involved will submit to the jurisdiction of the English Courts, but European law cannot be excluded. Buyers from other countries are bound to the same terms and conditions in this document that make up the Contract and any law proceedings will be governed by the legislation and jurisdiction of the Buyer's country's system of law.



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F. Force Majeure

In exceptional circumstances that are beyond 128 Concepts' control, applying to delays to delivery or in the production of products that are being sold, Force Majeure provisions will be applied in the form of an extension in delivery time in the Contract for the Purchase Order. The Buyer will receive correspondence from the Seller of any delays and an estimated time of delivery for purchased items will be given. The Buyer will be informed at all times during the provision of a Force Majeure period.

 

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G. Passing Property and Risk to the Buyer

This sub section is concerned with yours and our rights concerning the exchange of goods, i.e. the delivery of and receipt of goods to the Buyer. The passing of risk, i.e. goods that may suffer accidental damage, destruction or deterioration during delivery transit will remain the responsibility of 128 Concepts until the goods have been delivered and collected by the Buyer. From that point on, the goods will be the responsibility of the Buyer.

 

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H. Product Guarantees

 

All products supplied are covered by the terms and conditions of the Original Manufacturers Guarantee for a period of 12 months or longer if relevant, this is in addition to the consumers statutory rights.

 

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I. Returns, Refunds and Cancellations

Cancellations of Orders

Orders cancelled after dispatch of the goods will be subject to full refund only once the items are returned back to 128 Concepts.   If the items are accepted, opened and used the Distance Selling Regulations will apply.  In all instances, goods must be returned as new, with no blemish, defect or parts missing, neither must the outer manufacturer packaging show any damage or be defaced in anyway.  Should the items/packaging show any damage or be incomplete and defaced in any manner a restocking fee will apply - we will deduct this from your refund amount and customer cannot request a full refund since the goods returned were defaced, parts missing and our claim is supported from legal representation.

 

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Items not longer required

 

If you are not totally satisfied with your purchase, you can return it within 7 days from receiving the goods  for a refund  provided it is in pristine condition in its original box and packaging.  

 

The Customer  will be responsible for the safe return of the goods.   Goods must be returned “as new” or in the same condition that they were received in.  There should be no damage, all parts, items should be returned, all packaging must be included and the manufacturer packaging must not be defaced in manner.

 

Before returning any goods to us you must request a Returns Number which you can do so by emailing us at sales@128concepts.com. Include your full name and order reference number which is printed on your sales invoice which you received with your order. We will immediately  send your Returns Number. Next download the Returns Form which there is a link at the bottom of this page. Complete the details as requested in the Returns Form and send back to us the Returns Form and the goods to be returned.

 

Only complete products will be accepted.  Therefore ensure that all additional enclosures, such as manuals, free software, cables etc are all returned.  Adequate packaging must be used to return the goods. 

 

Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage.  Items that are not securely wrapped and received, will be returned in the same manner. We reserve the right to reject and item(s) that do not meet the criteria laid out above.

 

A restocking fee of up to 25% of the original invoice value may be levied on item(s) returned after 7 days of the goods being delivered. We will send your invoice requesting for restocking fee amount to your postal address or request payment via email to sent to our online payment agent.

 

Failure to pay the restocking fee will result in 128 Concepts taking legal action to recover the restocking fee if and only when we invoice you.

 

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Faulty Items

 

 If you think that the product you have purchased is faulty or incompatible with your computer system (applies only to products for computers only) we may refer you to the manufacturer, due to their extensive knowledge of their product. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorise a replacement/repair of the product direct to you.  This does not affect your statutory rights.

 

A restocking fee of up to 25% of the original invoice value is charged on returns, which prove to be non-defective.  It is therefore imperative that you have made contact with the manufacturer first.  The restocking fee is non-negotiable. In all instances when contacting a Manufacturer you must retain the reference code that you are given.

 

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Refunds


The following applies to customers requiring a refund:-

  • All refunds will be issued to the same payment method as on the original order.

  • When a refund is processed, you will receive an email notification.

  • A refund will usually reach your debit card account within 5 working days after it being processed, please allow up to 10 working days for it to be credited back to your debit card. Refunds by cheque will take up to 5 working days to be credited to your bank account. It is imperative that the email you provide with your order is fully working as non-delivery of email notification  is not the fault of 128 Concepts and any delays are due so to incorrect information provided by your during checkout.

  • We do however reserve the right to refund you within 30 days of the return.

  • If the goods are found not to be faulty or they have been damaged by miss-use, they will be returned to you and no refund will be issued Note: A restocking fee of 25% of original invoice will be levied to customers.

The relevant manufacturer will process all offers of “Money Back” guarantees and you should contact them directly to arrange return and refund.


 
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J. Jurisdiction

The Contract and agreement to abide by the terms and conditions as specified in the Contract are governed under the legislation and jurisdiction of English Law in English Courts, but European law cannot be excluded. All agreements made between the Buyer and Seller in different countries will be bound to the legislation and jurisdiction of the system of law in those particular countries.

 

 Right-click to save the Microsoft Word version of the Returns Form

 

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