Terms and Conditions 1. Introduction
We, Micro Anvika Limited, sell goods and/or services
on these terms. If you place an order on our website
or by phone, these terms will apply. For terms and conditions
of sales applicable to purchases in our shops, please
refer to http://www.microanvika.com/terms/stores.pdf
Consumer Customers only: Nothing in these terms affects
your statutory rights as a consumer.
Business Customers only: These terms supersede any
previous oral or email discussions, but liability for
fraudulent or grossly negligent misrepresentation is
not excluded. Any variations to these terms must be
agreed in writing (but not by email).
2. Errors and Misdescriptions
Occasionally errors can
occur in descriptions or pricing of products, especially
on a website. We therefore reserve the right where there
has been an obvious error to cancel the contract by
written notice or email to you, and to offer you the
choice of a full refund (including delivery) or an exchange
for the correct product and price or nearest equivalent.
We may also do this where manufacturers announce products
and then withdraw or change them, and we have warned
you the product has not yet been released.
3. Payment
Consumer Customers and Business Customers without credit
accounts: You must pay the purchase price on placing
the order.
Business Customers with credit accounts: If we have
agreed to allow you a credit account, you must pay our
invoices within 30 days of their invoice dates, or we
may stop allowing you credit, claim payment of all outstanding
invoices and cancel / suspend any further deliveries.
We may charge interest on late payments in accordance
with the Late Payment of Commercial Debts (Interest)
Act 1998 plus our costs in attempting to recover payment
and/or repossess the goods.
4. Delivery
Consumer Customers buying by Distance Selling methods
(e.g. website or telephone) only:
There are two delivery options available 'Free Delivery'
and 'Next Day Delivery'.
For 'Next Day Delivery' please note that:
- For orders under the value of £99.99 - Next
Delivery is £4.99 inc.vat.
- For orders over the value of £100.00 - Next
Delivery is £9.99 inc. vat.
- Orders are only processed during business days (Monday
- Friday)
- Orders placed before 3pm will be despatched the same
day
- Orders placed after 3pm will be despatched on the
next business day
'Next Day Delivery' is only available in certain locations.
If you have selected 'Next Day Delivery' and we find
that is not possible to deliver the next day, we will
contact you to discuss alternative delivery options.
If you have selected 'Free Delivery' you will receive
your order within 3 to 7 days.
If we cannot deliver the products you have ordered within
30 days after you sent us your order (or any other period
we have agreed by you), we will let you know and offer
you your money back in full.
See the Delivery Info & Cost section of our website
for more information, or we will explain your options
when agreeing a telephone order.
5. Packaging
For computer and electronic
products the original manufacturers' packaging is part
of the goods, so please retain it for at least 28 days
in case you wish to return them for any reason. Although
your statutory rights as a consumer will not be affected,
the goods are second hand without the packaging and
we may not therefore be able to exchange them voluntarily.
You can take the goods out of the packaging to try them
out, but don't throw it away.
We will not exchange audio
or video recordings or computer software after their
protective wrapping has been removed, unless there is
a fault in the product.
6. Your Right to Cancel
Consumer Customers buying
by Distance Selling methods (e.g. website or telephone)
only: You have the statutory right to a cooling off
period until the 7th working day after the day you receive
the goods, during which you may cancel the contract
for any reason. This does not apply to goods (such as
computers) which have been made to your specifications
or to audio or video recordings or computer software
if you have unsealed their protective wrappings. Also
certain products are excluded from this for reasons
of hygiene, such as headphones, hands-free kits, Bluetooth
units with ear pieces, etc. You must give us notice
of cancellation in writing (which may be by fax or email),
and either return the goods to any of our shops or we
will arrange to collect them. If the goods are returned
due to no fault of our own or any manufacturing defect,
you will be responsible for postage and packaging costs.
You must take reasonable
care of the goods before they are returned, so please
keep the original manufacturers' packaging as mentioned
above. We will send you written confirmation of your
right to cancel by post or email when we confirm the
order. If you have any queries about this right, wish
to make a complaint, or require information about our
after-sales service and guarantees, ask at any of our
shops, email or telephone us (see the Contact Us page
on our website).
7. Transfer of Ownership
The goods belong to us until
we have received payment in cleared funds, but you are
responsible for their safekeeping as from delivery to
you. You must return them or allow us to repossess them
if your payment is dishonoured.
Business Customers with
credit accounts only: Until you have paid for our goods
you must retain them and the original manufacturers'
packaging so that they can be identified as our property.
You must allow us to enter your premises to recover
them if you have defaulted on any payment due to us.
If you sell them or make an insurance claim in respect
of them, you must hold the proceeds on trust for us.
8. Warranties
In addition to your statutory
rights as a consumer, we will pass on to you the benefit
of any manufacturers' warranties or guarantees, subject
to any conditions that may apply (which will be specified
in the documentation accompanying the goods). These
may require return in the original manufacturer's packaging.
Business Customers only:
If faulty goods are returned to us in the original manufacturer's
packaging within 28 days of delivery, we will exchange
them for equivalent new goods or refund the purchase
price. If faulty goods are returned to us after then
and/or not in the original manufacturer's packaging,
we will repair them, return them to the manufacturer
for repair, or exchange them for equivalent reconditioned
or second hand goods. If the goods are not faulty, or
have been damaged by someone other than us or the manufacturer
attempting repairs, we may refuse exchange or repair
as above and/or make a handling charge of 15% of the
purchase price (plus VAT). We will only pay for delivery
to return goods to you at an address in the U.K. All
statutory implied terms as to the quality of the goods,
fitness for purpose and correspondence with descriptions
and samples are excluded to the maximum extent permitted
by law.
9. Liability
We strongly recommend that
you make back-up copies of all your data and take appropriate
precautions against viruses, hacking and other types
of computer misuse.
Business Customers only:
Our total liability to you for any reason (whether in
contract, tort or by statute) is limited to the total
order price (including VAT) plus any liability for death
or personal injury caused by our negligence or that
of persons for whom we are legally responsible. We will
not be liable for damage to other property, or for any
consequential losses (e.g. loss of data, business or
profits, liability to third parties).
10. Data Protection Act
Any
information you provide will be held by Micro Anvika
Ltd and will not be passed on to any third parties.
Micro Anvika may use it to inform you by letter, telephone,
e-mail, or otherwise, about any products and services
offered by Micro Anvika, unless you have asked us not
to do so.
In
the interests of preventing fraudulent use of credit,
debit and charge cards, Micro Anvika Ltd will validate
the names, addresses, and other information supplied
during the order process against commercially available
records (e.g Electoral Roll data, Credit Reference Services).
A third party may also be instructed to complete these
checks. By ordering from the microanvika.com website,
or over the phone, you consent to such checks being
made. Any information given may be disclosed to a registered
Credit Reference Agency which may keep a record of the
information. All information provided will be treated
in accordance with the Data Protection Act 1998.
11. Applicable Law and Dispute Resolution
Your contract with us is
made under English law. If a dispute cannot be resolved
by agreement, you or we may refer it to be mediated
or take it to an appropriate court in the United Kingdom. |