1.1 The following terms and conditions apply to all transactions carried Techpoint Distribution Ltd, whose principle place of business is:
Company Registration number: 7813529
VAT Registration No.: GB 123183935
1.2 ‘You’, ‘Your’ or ‘the Customer’ means the consumer whose offered to purchase goods from the Supplier or has accepted a quotation from the supplier.
1.3 ‘Written’ or ‘Writing’ includes facsimile transmission, email and other comparable means of communication.
1.4 ‘Conditions’ means the Terms and Conditions of sale of goods set out in this document and any other special additional conditions agreed in writing by the Supplier.
1.5 ‘Goods’, ’items’ or ‘order’ means the products (including any installment of products or any parts for them) which the supplier supplies in accordance with these Terms & Conditions.
2.1 If you need to contact us please contact us via the contact us page on www.myaccessory.co.uk
2.2 The following terms & conditions should be read carefully by you before placing an order with myaccessory.co.uk. It is recommended that a hard copy of the terms & conditions be retained with the order by you, should you for whatever reason need to rely on these in the near future.
2.3 We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
2.4 To order goods through this website you must be at least 18 years of age.
3.1 A contract is only legally binding between you and the Supplier for the sale of any goods when the Supplier has received and accepted your order, and the Supplier has received payment for the full amount in cleared funds. Until such point no legally binding contracts exists between you and the supplier.
3.2 When placing your order you will receive an acknowledgement for your order usually via e-mail this will constitute as receiving your offer to purchase the goods in question. Payment for the order will then be taken from you and following this you will receive an email to confirm acceptance of your offer. Once you receive an email from the supplier accepting your offer a legally binding contract is formed and would be subject to these Terms and Conditions. The contract is subject to your right of cancellation, please Section 7.
3.3 The supplier may change these Terms and Conditions of Sale without any warning or notice. These terms & conditions would be binding to any future purchases made by you.
3.4 We have the right to refuse at our discretion to supply any offer to purchase made by you.
3.5 These Terms & Conditions 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 a contract.
4. Payment and Availability
4.1 Customers from abroad can both register and place an order, as long as the order is for delivery to the billing address of the credit/debit card or if you are paying by SagePay your address must be verified. On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorisation of your credit card has been properly received.
4.2 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 no longer available 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 and any monies received to be refunded to you.
4.3 We offer an extended range of products which are obtained directly from our suppliers. These products are subject to our suppliers, stock availability and delivery dates made by our suppliers. 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 and any monies received to be refunded to you.
4.4 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. The supplier must be in receipt of full payment before the due date for delivery.
4.5 No delivery will be made until cleared funds have been received by the supplier.
4.6 The Supplier will email you a receipt for payment once goods have been dispatched.
5.1 The supplier shall endeavour to deliver the Goods within the specified time from receiving your order (subject to availability) and every reasonable effort shall be made to keep to any estimated delivery date given. If the Supplier is unable to do this, then you will be informed of a new delivery date. If you do not agree to a new delivery date then the order will automatically be cancelled and any binding contracts will be void and unenforceable.
5.2 Unless otherwise agreed we may deliver by instalments, your cooling off period under the right to cancel will commence the day after the day of the delivery of your final instalment.
5.3 Should the customer request for the delivery to be made by instalments a further agreed carriage charge will be applicable.
5.4 Delivery of the goods shall be made to the customers confirmed address and the customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
5.5 We offer a wide range of delivery options. Customers can select delivery dates and times, if you supply an email address you will also receive notification of delivery dates by email, should delivery dates not be met by the customer we will refund you on receipt of the goods minus the carriage charge, if we fail to meet delivery times when your goods are received back we will refund you in full unless instructed by the customer to send goods back out, additional delivery charges may apply.
5.6 Cancel of an order can be exercised in writing, email or any other form of communication, after delivery of the goods. The Supplier shall refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
5.7 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
a. store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
b. sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
5.8 We ask you to notify us if you have not received your delivery within 72 hours of receiving the shipment notification email, to enable us to trace your order.
5.9 The supplier may deliver the Goods in advance of the estimated delivery date. However shipment notification may be made by telephone call/message, email, and fax or by post on the due date.
6. Damaged, Shortages and Non-Deliveries
6.1 Once your order has been dispatched by the supplier, a shipment notification email will be sent to you detailing:
a.the delivery agent,
b.the approximate time when delivery will take place,
c.the delivery agent’s tracking number,
d.the delivery service used,
e.The number of parcels being sent to you
6.2 Upon receipt of your order the delivery agent shall ask you to sign for the goods received in good condition. Please carefully examine the packaging and note down any damages on the delivery agent’s documentation. It is your responsibility to sign for the correct number of parcels the delivery agent is delivering to you or getting you to sign for. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any claims that you make thereafter.
6.3 Damaged in Transit - Should any damage be identified upon opening the parcel(s) you should notify the supplier within 24 hours of delivery and advise the exact damage. Under these circumstances the goods should be put back into the original packaging you received them in and made ready for collection by the supplier. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent.
6.4 Shortage or Incorrect Delivery - Should any delivery be short or incorrect you should notify the supplier within 24 hours of delivery and advise the exact inconsistencies. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent. Should you be missing an item but signed for the correct number of parcels, you must notify us as soon as possible. You will be requested to provide us with a copy of the shipment notification included in your delivery.
6.5 Failed Delivery - Should your order not reach you within 72 hours of receiving the shipment advice email being sent to you, you should notify the supplier immediately of non delivery of your order.
6.6 Upon receiving notification from you regarding a delivery discrepancy the supplier will initiate an investigation on your behalf and endeavour to have a replacement in progress within 4 working days of receiving your claim. The claim will be handled by the supplier, and an arrangement will be made to collect the damaged goods and replacements will be sent.
6.7 We will not accept liability for goods lost in transit unless we are notified within a reasonable period and request that we are notified as soon as possible and the most within 5 days from the shipment date. The shipment date will be advised via the shipment notification email which will be emailed to you when your order is dispatched.
6.8 We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery if you do not report this to us within a reasonable time period. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.
7. Cancellation of orders
Right to cancel
7.1 You have the right to cancel this contract within 21 days without giving any reason. The cancellation period will expire after 21 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
7.1.1 The right to cancel does not apply to the following kind of contracts:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
7.1.2 A restocking fee sufficient to cover our reasonable costs may be levied on item(s) cancelled after the cancellation period.
7.2 To exercise the right to cancel, you must inform us [Techpoint Distribution Ltd,Unit G5 Kemp Road, Chadwell Heath Industrial Park, Dagenham, Essex, RM8 1SL]. Tel: 0208 514 2980. Email: email@example.com] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
7.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
7.4 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us).
7.5 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7.6 We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied,
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods,
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.8 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.9 You shall send back the goods or hand them over to us without undue delay and in any event not later than 21 days from the day on which you communicate your cancellation from this contract to us.
7.10 The deadline is met if you send back the goods before the period of 21 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.1 If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected, insured and identified as our property.
8.2 In addition to any other rights, we may in these circumstances, upon giving 7 days notice require you to return or deliver the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value and any other costs we may incur to recover the goods.
8.3 If a chargeback has been made, please note that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.
8.4 This does not affect your statutory rights.
9. Return of Orders
9.1 Incorrect goods
9.1.1 It is your responsibility to notify us of any incorrect goods supplied to you within a reasonable time from the date of shipment.
9.1.2 If the items are not as ordered, you must not open the manufacturers packaging or use the item.
9.1.3 You will be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received.
9.1.4 Should there be any extenuating circumstances that have prohibited you from notifying us within a reasonable time frame, resolution will be by mutual decision.
9.2 Faulty Goods (not applicable to goods returned under your right to cancel)
9.2.1 If you think that the product you have purchased is faulty or incompatible with your computer system we may refer you to the manufacturer, due to their extensive knowledge of their products. 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 with you. This does not affect your rights to deal direct with the supplier.
9.2.2 A restocking fee of up to 25% could be 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.
9.2.3 Opened software shall not be accepted for credit or exchange. If any discs are found to be faulty you may be asked to contact the manufacturer directly as they will issue replacement discs. Once software is opened it is deemed that you have accepted the manufacturers terms or license, software can only be returned un-opened.
9.2.4 If a product fails within the manufacturer’s DOA (dead on arrival) period, a replacement product or a refund will be offered to you, you will be offered a repair and not a replacement on PC systems as this is the most economical option, high costs are involved with offering replacements, this does not affect your right to a refund.
9.2.5 Dead on arrival indicates the period in which we will offer a refund on a product from arrival; we class this as a reasonable amount of time.
10.1 If for any reason you are issued with a refund, please note the following,
a. All refunds will be issued to the same payment method as on the original order.
b. When a refund is processed, you will receive an email notification.
c. A refund will usually reach your credit card account within 4 working days after it has been processed, please allow up to 10 working days for it to be credited. We aim to process all refunds within 21 days of request; refunds will be processed as quickly as possible.
d. If the goods are found not to be faulty or they have been damaged by misuse, they will be returned to you and no refund will be issued unless returned under the distant selling regulations.
10.2 The relevant manufacturer will process all offers of ?Money Back? guarantees and you should contact them directly to arrange return and refund.
11. Warranty and Product Guarantees
11.1 All goods supplied by the Supplier come with 12 months (unless otherwise stated) warranty from the date of shipment and are covered by the terms and conditions of the Original Manufacturer’s Guarantee. This warranty does not affect your statutory rights as a consumer.
11.2 Manufacturers warranties can be found on warranty cards located in the product box, this is in addition to the consumer statutory rights.
11.3 The warranty does not cover any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
11.4 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 the online returns section or email Customer Services, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
12. Description of goods & Typographical Errors
12.1 The description and price of the goods is available to you on the Supplier’s website when ordering.
12.2 Every effort is made to ensure that product description and price shown on the Supplier’s website is accurate at the time you place an order, if errors are found then the supplier will inform you as soon as possible. The supplier will give you the option to cancel your order or rebook it under the new terms and price. If the supplier after informing you and offering you the option does not get a response from you, then the supplier will reserve the right to cancel the order automatically within 7 days of you being informed.
12.3 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 decline or cancel any orders based on the incorrect price whether or not the order has been confirmed.
12.4 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.
12.5 All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods as manufacturers may change the look or performance of products from time to time, products may also be superseded by a new model.
12.6 Full details are available from the original manufacturer’s brochures & websites.
12.7 If you buy goods which have no published technical specifications, you should establish the suitability of the goods for your intended purpose.
12.8 All goods have an item description and a manufacturer’s part code, information can be found by emailing us or via the manufacturer’s web site. This does not affect your right to cancel.
12.9 Should you receive goods that do not match our advertised specifications we will offer a full refund.
12.10 Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. If you spot a mistake with an image or with a products specification please let us know.
13. Limitation of Liability
13.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
13.2 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.
13.3 The Supplier will not be under any liability whatsoever in the event that it is prevented or delayed from supplying or making delivery of any order placed by you by any reason or cause beyond their control. The supplier will keep you notified of any changes to the expected delivery via email and/or via order tracking.
13.4 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.
13.5 Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
14. Risk & Ownership
14.1 The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.
14.2 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:
a. the goods, and
b. all other sums which are or which become due to the Supplier from you on any account.
14.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
15. Title for Business Customers
15.1 If you are a business customer, until ownership of the goods has passed to you, you must:
9.2.1 Store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
9.2.1 Do not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier.
9.2.1 Insure on behalf of the supplier the products or goods for their full price against all risks to the reasonable satisfaction of the Supplier.
9.2.1 Hold the proceeds for the goods from an insurance claim on behalf of the supplier not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
15.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
9.2.1 you have a bankruptcy order made against you; or make an arrangement or composition with your creditors; or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors; or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation; or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof; or a resolution is passed or a petition presented to any court for your winding up; or for the granting of an administration order in respect of you; or any proceedings are commenced relating to your insolvency or possible insolvency;
9.2.1 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
16. Data Protection
16.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
17.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of any other provision of these Conditions and the remainder of the provision in question shall not be affected.
18. Saving and accessing the text of the agreement