TERMS & CONDITIONS - www.bankruptcomputercompany.com
This document (together with any other documents referred to on it) informs you of the terms and conditions on which we supply any of the products (Products) listed on our website http://www.bankruptcomputercompany.com (our website) to you.
Please read these terms and conditions carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
1. INFORMATION ABOUT US
1.1 Bankrupt Computer Company.com is a company wholly owned by Bankrupt Computer Company Limited, which is a company registered in Scotland under number SC296125. Our registered office is
Bankrupt Computer Company Limited Trading as Bankrupt Computer Company.com
1 Hully Hill Road
1.2. This website is protected by both copyright and database rights. Your use of this website, including any information you may send to us or submit to the website and/or any goods purchased via this website is subject to our terms and conditions.
1.3. We reserve the right to make changes to this website and these Terms and Conditions at any time without notice and it is your responsibility to revisit this page from time to time to re-read this notice. Any revised terms shall take effect as at the date of its posting on this website and your continued use of this website indicates your acceptance of these Terms and Conditions (as revised or amended).
2.1. This website may from time to time include information and/or opinion relating to products in general. The information and/or opinion contained and/or expressed on this website are provided for general information purposes only. It is not intended to be comprehensive, nor specific professional advice and it is therefore not intended to replace professional advice. We do not accept any responsibility and/or liability for the implementation of any information or opinion provided on this website. The information and/or opinions provided are no substitute for professional advice.
2.2. Whilst we Endeavour to ensure that the content of our website is accurate and up-to-date, we do not make any representations nor give any warranties of any kind (express or implied) with respect to the contents or operation of this website, and any such representations and warranties are expressly excluded.
2.3. This website and the downloads made available on it are made available on the basis that (except in respect of fraud by us, whether trading as "Bankrupt Computer Company" or otherwise, or of death or personal injury caused by our negligence), all liability whatsoever for any losses, claims, actions or damage, whether direct or indirect, arising out of or in connection with your use of this website and/or any of the downloads made available on it, or your reliance upon the contents of this website are excluded to the fullest extent permitted by law including but not limited to any liability for computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from "hacking" or otherwise.
2.4. We do not warrant that use of this website will be uninterrupted and error free. If we discover any typographical, clerical or other error or omission in any page posted on this website then such error shall be subject (as soon as practical) to correction or deletion (as appropriate) without any liability on our part.
2.5. Where you are provided with a password for use of this website, this is provided on a confidential basis and must not be used by and/or disclosed or provided to any third party.
2.6. We shall not be obliged to enforce these Terms and Conditions against any third party nor take any action against any third party for breach of these Terms and Conditions. Furthermore, we shall have no liability to you for any breach of these Terms and Conditions by any third party.
2.7. The content of this website, any dispute arising out of this website, and your relationship with us are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
3.0 Copyright & Trademarks
3.1. No material protected by copyright, trade mark or other proprietary rights shall be uploaded, posted, submitted or otherwise made available on this website without the express permission (and agreement to the terms hereof) of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by such rights rests with you. You shall be solely liable and hereby undertake to indemnify us for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
3.2. You may download, temporarily store, and use the information contained in or on one or more pages from this website including but not limited to the information made available on this website for your own personal use. However, save where the same cannot be prohibited by law, you may not adapt, modify, copy, merge, translate, decompile, disassemble, permanently store, republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any website, online service or bulletin board of your own or of any other party or make the same available in hard copy or on any other medium without our express prior written consent.
3.3. All designs, texts, graphics, codes and the selection or arrangement of them are the copyright or database rights of us and/or are utilized by us under appropriate licenses.
3.4. All trademarks, brand names and business names or logos contained in this website are proprietary to us and/or are utilized under appropriate licenses.
3.5. You hereby waive and/or agree to procure the waiver of any and all moral rights (as set out at Chapter IV of Part I of the Copyright, Designs and Patents Act 1998) in and in relation to any text or submission which you may make to this website save that we reserve the right to identify you as the author of any submission which is published in whole or in part on this website.
4.0. SERVICE AVAILABILITY
4.1 Our website is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland (UK). We do not accept orders from outside the UK. Some restrictions are placed on the extent to which we accept orders from you please see below.
4.2 We only deliver to the UK mainland and Northern Ireland which excludes:
a. Channel Islands
b. Republic of Ireland
c. Isles of Scilly
5. YOUR STATUS
By placing an order through our website, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old;
c. You are resident in the UK; and
d. You are accessing our website from the UK.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
6.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6.3 We will take all reasonable steps to keep the details of your order and payment secure, but, unless we are found to be negligent, or we have not complied with our requirements under the Data Protection legislation, then we shall not be liable for any financial losses caused as a result of unauthorized access to information provided by you.
7. OUR STATUS
7.1 To provide increased value to you we may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, or fit for any purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information to them but only insofar as it is related to that transaction.
7.2 We are not liable, directly or indirectly for the privacy policies of any third party websites, nor do we warrant that any information given is accurate or up to date, nor can we vouch for their bona fides, nor for any loss damage or offence caused by your use or reliance on any material posted on such websites. We would urge you to guard your privacy and check the policies of third parties before disclosing your personal information.
8. CONSUMER RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds and returns policy (set out in clause 10 below).
8.2 If the Product is not faulty or damaged on delivery, and you cancel the order within 7 days of receipt, you must also return the Product(s) to us immediately, in the same, saleable, condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 You will not have any right to cancel an order for the supply of any of the following Products unless they are faulty or damaged:
" Compact Discs, DVD`s, videos and computer software (or other recordable media).
" Items which cannot be resold for health, safety and hygiene reasons such as but not limited to: - body jewellery, personal grooming products, cosmetics, hosiery, swimwear, underwear.
" Partially or fully assembled flat pack furniture.
" Children`s car seats.
8.4 An explanation of how to exercise it your rights are provided as per 8.1/8.2 above.
8.5 We will take reasonable care to ensure that all details, descriptions and prices of Products appearing on our website are correct. Our aim is to keep our website up to date and accurate. If we discover an error (in detail, description or price) we will inform you as soon as possible and give you the opportunity to reconfirm your order or cancel it. If we are unable to contact you within a reasonable period of time then we will treat your order as cancelled. If at the time of cancellation you have paid for the Product(s) then you will receive a refund in full.
8.6 If a Product is damaged on receipt or faulty on arrival then we will ask you to return the product to us and we will reimburse you for your reasonably incurred return carriage cost. If the cost of returning your faulty item is in excess of £4.99 please contact us and we will arrange a free collection as we cannot offer a postage refund above this amount. Items should be returned in their original packaging complete with all accessories and documentation. If we are satisfied that there is a fault in the Product or the damage was caused by our negligence or a manufacturing defect then we will either replace the Product or refund you the price paid along with your reasonably incurred carriage costs.within 14 days. We test all returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.
8.7 If you are reporting a fault within the manufacturer`s warranty period then we strongly recommend that you first contact the manufacturer direct to have the fault repaired, this is often the quickest solution as many manufacturers have special service centers or telephone help facilities for your convenience. If you are unable to contact the manufacturer then please contact our customer services by raising a ticket.
8.8 Faults caused by accident, misuse or negligence may not be covered by a manufacturer`s warranty, whether or not the products are within the warranty period.
8.9 All returns require a RMA number in order to be processed through our warehouse. To receive your RMA number log on to my account at Bankrupt Computer Company.com.and email us where an authorized RMA number will be issued for the return of the product.
8.10 It is our policy to contact and work with customers whose level of returns is very high. This is to ensure that our prices are not negatively impacted by the cost to Bankrupt Computer Company of dealing with an extremely high number of returns by a small minority of customers. If a customer continues to return an extremely high number of products to us, we reserve the right to close their account. If this happens the customer`s statutory rights will remain unaffected, orders accepted by us before the account has been closed will be fulfilled in accordance with these terms and individual product warranties will continue to be honored in accordance with their terms.
PLEASE NOTE ANY PRODUCT THAT IS RETURNED TO OUR WAREHOUSE WITHOUT AN RMA NUMBER CAN NOT BE PROCESSED AND THEREFORE A REFUND CAN NOT BE AUTHORISED.
9. AVAILABILITY & DELIVERY
9.1 We make every effort to hold sufficient stock to fulfill your order by the delivery date set out in the Dispatch Confirmation. From time to time this may not be possible and orders may be delayed or permanently unavailable for unforeseen reasons and all stock availability estimates are approximate. If we discover that stock is not available after we have received your order we will contact you and may, in agreement with you may supply or deliver a substitute product, or refund you the price paid by you.
9.2 Certain Products (e.g. video games) are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification (or similar body). The current classifications are 12, 15 and 18. The classification reflects the content of the Product (violence, language, sex, drug abuse etc…). You are therefore required to confirm that you are over 18 years of age and we reserve the right to carry out checks to verify your age and will, if we are not reasonably satisfied, cancel your order.
9.3 In the United Kingdom it is against the law to sell or supply intoxicating substances to persons under the age of 18 years. By placing an order for such Products you confirm that you are over the age of 18. If on delivery we have any reasonable doubt that there is a recipient at the address over 18 years of age then we reserve the rights to either make enquiries and seek verification (by the provision of identification) or cancel the order. The courier will not leave the Product if they are not reasonably satisfied that they are delivering the Products to a person over the age of 18.
9.4 We may specify or recommend from time to time special rules regarding dates for deliveries (such as at Christmas and other busy periods). Notices of these special rules will be placed on our website.
9.5 We Endeavour to dispatch all "in stock" orders within your selected delivery option. . However, we make no promises regarding delivery periods. To avoid disappointment during extended bank holidays or other busy trading periods please place your order in plenty of time. We post notices on our website of any known issue that relates to supply or delivery.
10. RISK & TITLE
10.1 The Products will be at your risk from the time of delivery. We may ask you to sign for Products delivered and this will be deemed an acknowledgement of receipt in an undamaged state.
10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
11. PRICE & PAYMENT
11.1 The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.
11.2 These prices include VAT (and any other sales taxes) but exclude delivery costs, which will be added to the total amount due as set out on our website.
11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
11.4 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product`s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
11.5 We are under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
11.6 Payment for Products must be by credit, debit card or PayPal. All payments are debited on order submission. For the full list of credit and debit cards acceptable to us please visit our website at Bankrupt Computer Company.com.
12. OUR CANCELLATION & REFUND POLICY
12.1 You may cancel an order at any time prior to your order being dispatched by e-mail via your account.
12.2 When you return a Product to us:
a. because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
B. for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for a defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. If a number of items are ordered one the same order the delivery charge will be calculated proportionately.
12.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12.4 If you have cancelled the order after dispatch and the Product is not returned to us within 30 days we will make reasonable attempts to recover the Product and reserve the right to recover from you our reasonable costs of recovery attempts and (if not already paid) the cost of the unreturned Product.
13. OUR LIABILITY
13.1 Where you purchase as a consumer we warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product paid by you.
13.3 This does not include or limit in any way our liability:
a. For death or personal injury caused by our negligence;
b. Under section 2(3) of the Consumer Protection Act 1987;
c. For fraud or fraudulent misrepresentation; or
d. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible for direct or indirect losses which happen as a consequential loss of the main loss or damage, including but not limited to:
a. loss of income or revenue
b. loss of business
c. loss of profits or contracts
d. loss of anticipated savings
e. loss of data
f. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
13.5 We provide information on our site on an "as is" basis and make no representation and give no warranty of any kind, express or implied in respect of the information or content provided on our website. Although we make every effort to ensure that it is accurate, complete and up to date we do not warrant that this information or content is accurate, complete or current.
13.6 We are not liable (including liability for negligence) in relation to the acts or omissions of telecommunication and internet service providers or for failures of, or faults in their networks and equipment.
13.7 Where you buy any Product from a third party seller accessed via a link to our website, the seller`s individual liability will be set out in the seller`s terms and conditions. We are not liable for any purchases made by you via such links.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to;
Bankrupt Computer Company Limited Trading as Bankrupt Computer Company.
1 Hull Hill Road
16. TRANSFER OF RIGHTS & OBLIGATIONS
16.1 The Contract between you and us is binding
17. Under the Waste Battery Regulations
Bankrupt Computer Company LTD are now offering a take back scheme for all portable waste batteries.
You can return your waste batteries in person to our business address as stated earlier, please do not post.
Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.com.
End-users may also find stores, schools, libraries and town halls who have collection points for used batters more accessible.