Consumer Terms of Sale
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. Format of the Contract
1.1 |
These terms of sale apply to all goods supplied by UK Gaming Computers Limited. (the "Supplier"). |
1.2 |
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). Once the Supplier does so, there is a binding legal contract between us. |
1.3 |
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. |
1.4 |
The contract is subject to your right of cancellation (see below). |
1.5 |
The Supplier may change these terms of sale without notice to you in relation to future sales. The Supplier would therefore advise reading our terms prior to each transaction. |
2. Description and price of the goods
2.1 |
The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order. |
2.2 |
The goods are subject to availability. If the goods or parts of the goods ordered are not available, the supplier will inform you as soon as possible with logical alternatives, remove the unavailable part entirely and supply the rest of the goods or will substitute any missing parts with an equivalent part if available. If applicable the supplier will refund or re-credit you for any sum that has been paid by you or debited from your payment method for the goods. |
2.3 |
Any goods that are marked as out of stock, short stock, pre order, ETA, long lead times or no guarantee or to similar effect and make up part of an order such as a industry wide component shortage that are part of a custom built system, which is the majority of the suppliers business, then the order is exempt from any delivery timescale or timescales detailed in 4.6. |
2.4 |
Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, or pricing has been affected by fluctuation, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. |
2.5 |
In addition to the price, you may be required to pay a delivery charge for the goods, which will be made known to you prior to completion of the transaction. |
2.6 |
All advice relating to the performance of a custom built system are estimations and not a guarantee of actual performance. |
2.7 |
All pictures and videos of our products are for illustration purposes only. |
3. Payment
3.1 |
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 a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. |
3.2 |
There will be no delivery until cleared funds are received. |
3.3 |
For security reasons, you maybe required to prove your identity or address with us. Failure to do so will automatically cancel your order with us subject to section 7.6 cancellation charges. |
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4. Delivery
4.1 |
The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. |
4.2 |
Orders are only processed during working days. (A working day is any day other than weekends and bank or other public holidays.) |
4.3 |
If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible. |
4.4 |
If you deliberately fail to take delivery of the goods or hold up an order/repair/upgrade (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:
4.4.1 |
Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or |
4.4.2 |
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. |
4.4.3 |
Cancel the Order as per the cancellation terms. |
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4.5 |
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund you within 30 days for any sum that has been paid for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure. Please see your Right of Cancellation below for more information. |
4.6 |
Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and unless otherwise agreed, within 30 days during normal operation. Should the agreed or 30 day, or other agreed deadline not be met the Supplier will contact you to ascertain if you wish to continue with the contract or be offered a reimbursement of sums paid. Bespoke orders and heavily customised products such as paintwork and laser cutting will be completed within 90 normal operational days of acceptance of your order or unless otherwise agreed. Acts of God, government intervention, natural disasters, force majeure, global pandemics & other hazards outside of human control are considered outside of normal operation. Pre orders & noted stock delays or shortages are also considered outside of normal operation. |
4.7 |
Upon receipt of your order you will be asked to sign for the goods. If the package or product does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any claims made thereafter. |
4.8 |
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly by any delay in the delivery of the Goods and Services. |
4.9 |
Custom built computers will be subject to a build time before delivery can be made. Build times will be stated when ordering however these times are an estimation of goodwill. |
4.10 |
Orders paid via finance can only be delivered to the address on the finance application. |
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 |
The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier. |
6.Title for Business Customers
6.1 |
If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 |
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; |
6.1.2 |
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. On request you shall produce the policy of insurance to the Supplier; and |
6.1.3 |
Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. |
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6.2 |
If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 |
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 grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or |
6.2.2 |
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; or |
6.2.3 |
you encumber or in any way charge any of the goods. |
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7. Your right of cancellation
7.1 |
Under the Distance and Selling Regulations you have the right to cancel the contract at any time up to the end of 14 days after you receive the goods (see below). Cancellation under the Distance and Selling Regulations does not apply to custom built products - See 7.6. |
7.2 |
To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, email or the contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. |
7.3 |
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 after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. |
7.4 |
Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund you within 30 days for any sum that has been paid by you. You must return the goods to us at your own expense using an insured courier service. |
7.5 |
Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. |
7.6 |
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. You do not have a statutory right of cancellation under the Distance And Selling Regulations 2000, Sales of Goods act 1979, Consumer Contract Regulations or Consumer Contracts act if you have ordered a Custom built PC. Custom PCs are 99% of the suppliers business and must be able to recoup wasted resorces for cancelled orders. Please see below for UK Gaming Computers policy on cancellation of these orders:
Stage |
Cost |
Paperwork Stage (within 12 hours of placing the order) |
higher of £25 or 5% of Invoice Value |
Processing stage |
higher of £125 or 25% of Invoice Value |
Parts Allocated stage |
higher of £150 or 30% of Invoice Value |
Build has been completed |
higher of £200 or 35% of Invoice Value |
Item despatched or received and in use by customer |
higher of £300 or 40% of Invoice Value |
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7.7 |
If you are a Business or Trade customer then any orders by or on behalf of a business cannot be cancelled once placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company billing address or purchase order number has been provided. |
7.8 |
Given the nature of the suppliers products and how much effort has gone into packaging and protecting the product all returns must be made in the original packaging so that the item may be resold and safely transported. The supplier deems this clause as a fair term. |
7.9 |
All returns must be in their original condition, this includes any software or packaging changes to the product. The supplier may charge or deduct from refund a reasonable fee to restore the product to its original condition. |
7.10 |
You do not have the right to cancel the contract if the order is for a unique bespoke quote and the supplier reserves the right to decline any cancellation request. |
8. Warranty
8.1 |
Subject to the rest of these terms all goods (excluding TFT's - see 8.6 below, case modifications, watercooling loops and Peripherals - see 8.20 below) supplied by the Supplier are warranted free from defects for 12 months from the date of invoice. This warranty does not affect your statutory rights as a consumer. Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3 year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only, unless otherwise stated. A 6 year warranty covers 12 months parts and 72 months labour from the date of invoice. An Extended warranty will cover parts and labour for 24 months and a further 48 months labour costs are covered. A Platinum warranty covers parts for 36 months and a further 36 months labour costs. |
8.2 |
This warranty does not apply to software related issues or 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. |
8.3 |
If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email or phone withing 48 hours of delivery. Failure to do so will presume the goods were delivered in a perfect state. Risk and Title of the goods is with the buyer at point of delivery. |
8.4 |
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 Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us. The level of warranty on a product depends on the date the supplier receives the goods. |
8.5 |
All goods supplied by the Supplier are provided with a return to Base Warranty, unless otherwise stated, from the date of invoice. Warranty repairs can be either shipped using a courier to the supplier at a similar cost to the original shipping cost or delivered by hand. |
8.6 |
As with most online computer retailers, the above warranty excludes dead pixel issues so long as they fall within the level of Acceptable Defects as defined in ISO 13406-2. All TFT Monitors sold by the Supplier fit the ISO13406-2 Spec in Class II, which is the common class for consumer equipment. Click here to learn more. |
8.7 |
Where parts are covered by manufacturer warranty the retailer may pursue replacement parts from the retailers supplier or manufacturer. In the event of fault emanating from a manufacture or design fault, it may be necessary for the machine to be returned to the manufacturer for fault diagnoses, repair and test. |
8.8 |
Repair times will be completed within 3-30 days. Extreme cases may take longer due to 3rd party involvement. |
8.9 |
It is the purchaser's responsibility to ensure that adequate back-ups of all applications, operating systems and data are maintained . Non hardware defects, such as software, are not covered under warranty by the retailer. |
8.10 |
Your warranty will be void if you open your computer case without prior written permission from UK Gaming Computers. We allow you to install additional upgrades and keep your warranty intact however you still must have written permission by us to ensure we can proactively advise on the upgrade to prevent faults. UK Gaming Computers has the right to turn down any warranty upgrade requests but if you plan on installing your own hard drive, RAM and simple upgrades then you can assume this will be accepted. |
8.11 |
Returns to us must be preapproved in writing. Products returned without this approval will be rejected. |
8.12 |
Nothing in this part affects your statutory rights for faulty goods. |
8.13 |
If a replacement component is no longer available or is discontinued, the supplier reserves the right to substitute the component for an equivalent part, offer an upgrade option if possible or refund the cost of the specific component based on market rate at the time of purchase with fair wear and tear/lifecycle use. |
8.14 |
Warranty returns will be delivered back to the original shipping address unless otherwise stated or if any return has been delivered by hand. |
8.15 |
Upon receipt of your goods you may be asked to remove internal packaging, used to protect components in transit, apply a warranty seal and send us proof of doing so within 2 weeks of delivery. Failure to carry out this procedure correctly will invalidate your warranty with UK Gaming Computers. Full instructions to do this will be sent with your PC and is very easy to carry out. The Supplier will confirm the warranty activated status in writing via email and your online account once this process has been carried out correctly. |
8.16 |
If your order is protected by a warranty seal it is your responsibility to ensure the seal is adequately maintained. |
8.17 |
Warranty returns for computers must be made in the original packaging unless the product is being returned by hand or you arrange collection of the system. UK Gaming Computers will not ship a warranty repair in non standard packaging. You are advised to keep your packaging and a reminder will be sent with the PC instructions. |
8.18 |
If a component is faulty then it will be replaced with an identical or better specification component in accordance with your level of warranty. The faulty component then becomes property of the supplier. |
8.19 |
For any returns not found faulty under warranty such as software defects or no faults found then you will be liable to pay for resources invested into fault finding. |
8.20 |
Case modifications, Water Cooling Loops and Peripherals carry a maximum warranty period of 12 months. |
9. Limitation of Liability
9.1 |
Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 |
There is no breach of a legal duty owed to you by the Supplier or by its employees or agents; |
9.1.2 |
Such loss or damage is not a reasonably foreseeable result of any such breach; |
9.1.3 |
Any increase in loss or damage resulting from breach by you of any term of this contract. |
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9.2 |
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. |
9.3 |
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. |
10. Product Liability
10.1 |
Product liability remains with the manufacturer of the components. |
11. Data Protection
11.1 |
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. |
12. Images & Specifications
12.1 |
Product images are for illustrative purposes only and may differ from the actual product. Specifications of products change regularly and therefore any specifications published by the retailer are for a general guideline only. You should check with the manufacturer for up to date specifications. |
13. Copyright
13.1 |
All designs, copyright and other intellectual property rights associated with the goods and information belong to the seller and/or the manufacturer of the goods. |
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, 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.
UK Gaming Computers
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