TERMS & CONDITIONS
Please read these terms and conditions prior to placing any orders and/or purchasing goods/services from our company.
These new terms and conditions as of 31st January 2018 supersede any previous terms and conditions between the company and you.
It is always important to check, read and fully understand the legal content of our terms and conditions for our and your safety.
You agree to comply with these terms and conditions by visiting our website, however, no contract exists between the company and the buyer until an order or purchase has been confirmed and accepted by us.
All confirmed orders and contracts of sale made by us shall be deemed to incorporate these terms and conditions.
By visiting and using our website you acknowledge that your use will be subject to our Privacy Policy and you agree to be bound by our new Terms.
1) Definitions
1.1) "We", "Our" & "Us" means the company; COMPUTER orBIT LTD/Gorilla Gaming. Gorilla Gaming is a brand owned by COMPUTER orBIT LTD.
1.2) "You" or "buyer" means the person whose order and/or purchase for goods/services is accepted by us.
1.3) "Contract" means the contract which is formed by the buyer on the basis of these terms and conditions to buy goods/services from us.
1.4) "Goods" means the items, products and/or services which you order and/or purchase from us.
1.5) "Terms and Conditions" means these terms and conditions and any special or additional conditions agreed in writing by us.
1.6) "In-Store", "Shop" or "Store" means our stores which you can visit to place orders or make purchases.
1.7) "Website" or "Online Store" means our online store which you can place orders and make purchases.
1.8) "Writing" includes writing, fax, email and other comparable means of communication and "Written" shall be construed accordingly.
1.9) "Working Days" means our working days which are Monday - Friday 9.30am to 6.00pm excluding our additional weekend trading hours, bank holidays and/or any other public holidays.
1.10) "Retail Customer", "Individual" "Home User" or "Consumer" means customers who purchase goods/services for personal and home use.
1.11) "Trade" or "Trade Reseller" means customers who purchase goods/services to resell on to their customers whether it be in-store or online.
1.12) "Business User" or "Businesses" means customers who purchase goods/services for use within their own business, education or charity.
1.13) "Customer" or "Consumer" means an individual, trade reseller or business user collectively.
1.14) "VAT" means Value Added Tax which is applied at the current rate.
2) Prices
2.1) Prices displayed and quoted are in UK Pounds (£).
2.2) Prices in-store are displayed and quoted including VAT unless otherwise specified.
2.3) Prices on our website are displayed and quoted both including and excluding VAT.
2.4) Although we endeavour to ensure that all prices on our Price Lists are correct at the time of print it is acceptable to understand that prices change on a regular basis and that errors and emissions may occasionally occur. In this instance you will be notified of the correct price and it will be the buyer's decision to continue with the order/purchase.
2.5) Prices on written quotations, orders and invoices are displayed excluding VAT with the VAT calculated at the bottom of each quote, order or invoice unless otherwise specified.
2.6) We reserve the right to revise prices prior to dispatch of goods to reflect any indirect or direct increase in costs to us or genuine mistakes. We shall inform the buyer as soon as practicable of any such revision in prices and permit the buyer to withdraw specific items in question from the order or cancel the order as a whole.
2.7) Prices of goods/services displayed in-store, shown on our website and or quoted anywhere are exclusive of any delivery, postage and packaging and insurance charges. Delivery can be arranged and charged accordingly subject to agreement.
3) Payments
3.1) We accept the following methods of payment:
All customers:
• Cash
• Visa Credit Card
• Visa Debit
• Switch / Solo
• Maestro
• MasterCard
Trade Resellers and Business Users: (Additional to above)
• BACS - Bank details available upon request, subject to cleared funds
• Credit Term - Subject to agreement
All Customers:
3.2) The buyer shall remain liable for payment until we are in receipt of cleared funds.
3.3) Orders will not be dispatched until payment is received in full and cleared.
3.4) Deposits paid are non-refundable unless a deposit has been paid for a specific product(s) which we can no longer get.
Individual Customers:
3.5) In-store and Online customers shall make payment with cleared funds prior to the supply and/or dispatch of goods/services.
3.6) If payment fails, declines or is not authorised your order may be cancelled.
3.7) Online payments are subject to confirmation by the relevant payment merchant.
Trade Resellers and Business Users
3.8) Trade Resellers and Business Users shall make payment with cleared funds prior to the supply of goods/services unless a Credit Term has been agreed.
3.9) If a Credit Term is agreed in advance it must be adhered to. A 30 day credit account must be settled no later than 3 days after the term. Failure to adhere to specific credit terms will entitle us to charge interest on the outstanding amount at the rate of 8% per annum over and above the HSBC base rate. This will automatically be added to your account with no possibility of a refund as well as a £15 plus VAT administration charge.
3.10) Failure to comply with our credit terms will entitle us to revoke your credit account.
3.11) If the company is to recover the outstanding payment and/or goods the costs to recover shall be paid by the Trade Reseller or Business User whether this be recovered by us, a solicitor, a debt recovery agency or any other means of debt recovery.
3.12) The company is entitled to claim late payment compensation for late payments at the rate of 8% above HSBC base rate.
3.13) The goods remain the property of the company until all due funds are cleared.
3.14) The buyer agrees that the company or its representatives may enter the buyer's premises at any reasonable time in order to recover goods originally supplied by the company for which payment is outstanding beyond any agreed credit term.
4) Delivery
4.1) All delivery dates and times are given as guides and estimates only.
4.2) The applicable delivery charge is shown on our website once you have added items to your basket. Prices shown are for standard delivery services. Additional charges may apply for premium services.
4.3) For goods/services that do not display a delivery charge or when arranging delivery for goods/services in-store the charge will be confirmed in advance.
4.4) The company will endeavour to dispatch and deliver goods as soon as possible and keep to any delivery dates mentioned, however we are not liable for failure to deliver within the stated time as times and dates mentioned are for guidance only and do not form part of our contractual agreement.
4.5) The company cannot be held responsible for any delays outside its control however they may be caused.
4.6) Orders are generally dispatched for next day delivery; you should expect your order within 1-3 working days, pending successful credit/debit card checks and stock availability. Orders including computer systems and special orders are generally dispatched within 3-5 working days. Any delivery time specified is a guide.
4.7) We cannot give a guaranteed time of delivery. Deliveries to highlands of Scotland, Northern Ireland, and other remote areas may result in a higher delivery charge. You will be contacted via email or telephone if this applies to your order.
4.8) Delivery prices quoted on our website are stated on the basis that delivery of the goods will take place at any time between 9.00am - 5.00pm, Monday - Friday. At the buyer's request we will arrange for special delivery outside these times at an additional price which will be payable by the buyer.
4.9) If the buyer wishes to insure the goods in transit, the buyer must make their own arrangements. If the buyer wishes us to make specific arrangements regarding delivery, postage and packaging or insurance the buyer must specifically request us to do so in writing. The goods shall be in all other circumstances at the risk of the buyer and not us until they are received by the buyer.
4.10) The buyer will be held responsible for additional charges incurred by the delivery company should the parcel be re-directed, re-shipped, returned or a failed delivery.
4.11) The risk in products passes on the buyer once you sign for a delivery or collect goods/services from our store.
4.12) Once a delivery is received the buyer shall immediately unpack, inspect and check the contents of the package. The buyer shall notify the company of any shortages, damages and defects within 24 hours. The company reserves the right to refuse any claims after 24 hours. Any discrepancies notified to us after this time period will be treated as physical damage by the buyer and in effect void any warranty.
4.13) Delivery charges are not refundable under any circumstances.
5) Acceptance of Goods and Risk
5.1) The risk in products passes on to the buyer once you sign for a delivery or collect goods/services from our store.
5.2) The buyer acknowledges that the delivery agent's terms and conditions usually request that where complaints regarding defects, shortages or failure to arrive are not made within 24 hours then the delivery agent excludes liability for any such subsequent complaint. Accordingly, the buyer acknowledges that the requirements of this clause are reasonable.
5.3) If they buyer is collecting the goods from our store they must check and confirm their order before leaving the store or warehouse. Any discrepancies regarding shortages may not be traced once you have left the premises therefore we strongly advise you check your order prior to leaving.
6) Warranties and Liabilities
6.1) New goods come with a 12 month warranty from date of purchase unless otherwise specified.
6.2) Refurbished, returned, reduced, clearance and graded products come with a lesser warranty. The warranty period is usually specified on the specific product(s). Goods not displaying specific warranty periods come with a 14 days warranty as standard.
6.3) Refurbished, returned, reduced, clearance and graded products are non-refundable items and will only be exchanged within their warranty periods if found to be faulty when checked by our technical department.
6.4) Certain goods come with a manufacturer's warranty, it is advised that this option is taken and that you deal with the manufacturer accordingly. This service provided by the manufacturer is usually set in place for efficiency; it will be more beneficial and efficient to deal with the manufacturer direct however we are happy to deal with them on your behalf for the first 12 months of any warranty period.
6.5) Many goods come with additional warranty supported by the manufacturer. In this instance we will honour the warranty for the first 12 months. After this period the warranty is the responsibility of the manufacturer. You will be required to deal with the manufacturer directly. If you prefer us to deal with the manufacturer on your behalf after the first 12 months we can do so at a nominal fee of £25 plus VAT plus the cost of any delivery charges to and from the manufacturer.
6.6) The company cannot be held responsible for manufacturers offering a longer warranty than 12 months who(s):
- if the same problem occurs again due to not taking precaution or user negligence
- if a virus re-occurs due to not taking precaution or user negligence
- physical damage
6.7) The company cannot be held responsible for the length of time it takes to contact, return and receive goods from manufacturers.
6.8) All our services come with a limited 30 day guarantee for the work we carried out unless specified. All product(s) fitted with any service come with a standard 12 month parts only warranty unless specified. If an installed product fails within the 12 month warranty period this will be replaced under warranty however the current labour charge will be payable by the buyer.
6.9) Exclusions within the 30 days service guarantee:
- if the same problem occurs again due to not taking precaution or user negligence
- if a virus re-occurs due to not taking precaution or user negligence
- physical damage
- additional problems and issues than those originally booked in for
6.10) Although we take extreme precautions to keep all customers' data private we cannot be held responsible for loss of data while your system, laptop or hard drive is in our possession for a repair or upgrade.
6.11) Although we treat all customers' equipment with great care the company cannot be held responsible for any damage caused to any equipment whilst in our possession.
6.12) Use of our website is at the risk of the buyer/browser. The company cannot be held responsible for any information, material, downloads that may cause damage to any property including loss of data or virus infections. We accept no liability for viruses via our website or email address. We therefore recommend that appropriate precautions are taken prior to downloading information or images from our or any website.
6.13) The company cannot be held responsible for loss of profit, loss of anticipated revenue, loss of business or any consequential or indirect loss refereeing to any orders/purchases and whilst your equipment is in our possession.
7) Returns Policy and Procedures
7.1) COMPUTER orBIT does not sell goods on a trial basis. The buyer is strongly advised to check compatibility and specifications of goods before making an order or purchase.
7.2) COMPUTER orBIT cannot be held responsible for returns sent in the post or via a courier that are lost or damaged in any way.
7.3) It is the full responsibility of the buyer to return any faulty goods to us at their own expense.
7.4) COMPUTER orBIT will not be liable for faults developed due to:
• Buyers negligence and/or physical damage
• Misuse
• Customisation without authorisation
• Over-clocking
7.5) If goods are returned with any of the above mentioned exclusions in 1.1.4 COMPUTER orBIT may require the buyer to pay a testing fee of £10 +VAT and the cost to return the goods by post/courier.
7.6) The following items are not refundable:
• Blank Media (unless sealed and within 14 days from date of purchase)
• All types of ink and toners (unless sealed and within 14 days from date of purchase)
• All types of software, regardless if it has been opened or not
• One use items, for examples: USB Ethernet adaptors; serial cables; etc.
• Special order items – items ordered in especially for the customer or one-off items
• Custom system builds
• Deposits and payments for custom system builds or special orders
In-store Customers
7.7) COMPUTER orBIT will refund or issue credit notes to the same value for any unused items returned within 14 days from the date of purchase. It is in the best interests of the Company to offer the customer a credit note in the first instance.
7.8) Proof of purchase is required at all times. Refunds/credit notes will not be authorised without it.
7.9) Items that are returned within 14 days, but have been opened and are still in a good working condition can still qualify for a refund or credit note; however, they will incur a 25% handling and restocking fee.
7.10) Refund or credit note requests will not be authorised after 14 days under any circumstances.
7.11) The following items are indefinitely excluded and cannot be refunded:
• Refurbished items
• Returned items
• Reduced items
• Clearance items
• Graded items
• Customised items
7.12) Goods found to be faulty can be returned to COMPUTER orBIT within 14 days of purchase and receive a refund, credit note to the same value or a like-for-like replacement item. Proof of purchase is required. Faulty goods returned after 14 days of purchase will be tested and verified by the COMPUTER orBIT technical department.
• If a fault is found a like-for-like replacement will be provided.
• If a like-for-like replacement is not available an equivalent will be provided.
• If a like-for-like replacement or an equivalent item is not available the buyer must be offered an upgrade. The price difference between the original and the upgrade must be paid for by the buyer.
7.13) Goods found to be in good working condition after testing will be returned to the buyer.
7.14) Goods found to be in good working condition after testing may incur a testing fee of £10 + VAT. The buyer will also incur a delivery charge to return the goods by post/courier.7.6) We are happy to refund or give credit notes for any unused items within 14 days from date of purchase. This excludes all refurbished, returned, reduced, clearance and graded products, these products are non-refundable items.
Online Orders
7.15) In line with the Consumer Protection Distance Selling Act (2000) the buyer has a cooling-off period in which they can cancel an order with COMPUTER orBIT at any time until 14 working days after the goods are received.
The decision to cancel an order must be provided to COMPUTER orBIT in writing. In this instance a refund will be authorised and refunded within 30 days for the value of the order only and will not include the cost for any delivery charges. Proof of purchase is required. Refunds or credit notes will not be authorised without it.
7.16) COMPUTER orBIT will only offer a full refund for items that have not been opened, used and are as originally sent.
7.17) Any free gifts provided with the order must be returned.
7.18) Any opened or used items will incur a 25% handling and restocking fee.
7.19) Any items returned without their original content or free gifts given with the order will be refused.
7.20) The buyer is responsible for all delivery charges incurred to return any cancelled order to COMPUTER orBIT.
7.21) The following items are excluded from the cooling off period:
• Custom system builds
• Special order items – items ordered especially for the customer or one-off items
• Software
• Consumable goods - Once Opened - e.g. Inks, Discs, Paper
7.22) Items that are returned within 14 days, but have been opened and are still in a good working condition can still qualify for a refund or credit note, but they will incur a 25% handling and restocking fee.
7.23) Refunds or credit note requests will not be authorised after 14 days under any circumstances.
7.23) Goods found to be faulty can be return to COMPUTER orBIT within 14 days of purchase and receive a refund, credit note to the same value or a like-for-like replacement item. Proof of purchase is required.
7.24) Goods found to be faulty must be returned to COMPUTER orBIT at the following address:
COMPUTER orBIT
Returns Department
400-408 Old Durham Road
Gateshead
NE9 5DQ
7.25) The buyer must adequately wrap and package the goods and include all peripheral items such as discs, manuals and cables, etc. received with the item. Where goods are returned by post, all postage and packing charges are to be paid by the buyer and are not refundable by COMPUTER orBIT under any circumstances.
7.26) Proof of purchase is required at all times. Refunds, credit notes and exchanges will not be authorised without a valid proof of purchase.
7.27) Proof of postage and packing is not classed as proof of delivery.
The buyer is therefore recommended to send the goods by registered post or by a reliable courier. The risk remains with the buyer until the goods are received by COMPUTER orBIT. Accordingly, COMPUTER orBIT does not accept responsibility for damage to the goods in transit. The buyer is therefore recommended to take out valid insurance.
7.28) Faulty goods returned to COMPUTER orBIT will be tested and verified by the COMPUTER orBIT technical department.
• If a fault is found a like-for-like replacement will be provided.
• If a like-for-like replacement is not available an equivalent will be provided.
• If a like-for-like replacement or an equivalent item is not available the buyer must be offered an upgrade. The price difference between the original and the upgrade must be paid for by the buyer.
7.29) Goods found to be in good working condition after testing will be returned to the buyer.
7.30) Goods found to be in good working condition after testing will incur a testing fee of £10 + VAT. The buyer will also incur a delivery charge to return the goods by post/courier.
Trade Reseller
7.31) COMPUTER orBIT will refund or issue credit notes to the same value for any unused items returned within 14 days from the date of purchase.
7.32) Proof of purchase is required. Refunds or credit notes will not be authorised without it.
7.33) The following items are excluded:
• Refurbished items
• Returned items
• Reduced items
• Clearance items
• Graded items
7.34) Items that are returned after 14 days, but have been opened and are still in a good working condition can still qualify for a refund or credit note, but they will incur a 10% handling and restocking fee.
7.35) Refund/Credit requests after 14 days from date of purchase will be at the discretion of COMPUTER orBIT.
7.36) Goods found to be faulty can be return to COMPUTER orBIT within 14 days of purchase and receive a refund, credit note to the same value or a like-for-like replacement item. Proof of purchase is required.
7.37) Faulty goods returned after 14 days of purchase will be tested and verified by the COMPUTER orBIT technical department.
• If a fault is found a like-for-like replacement will be provided.
• If a like-for-like replacement is not available an equivalent will be provided.
• If a like-for-like replacement or an equivalent item is not available the buyer must be offered an upgrade. The price difference between the original and the upgrade must be paid for by the buyer.
7.38) Goods found to be in good working condition after testing will be handed back to the buyer.
8) Website
8.1) Use of our website is at the risk of the buyer/browser. The company cannot be held responsible for any information, material, downloads that may cause damage to any property including loss of data or virus infections. We accept no liability for viruses via our website or email address. We therefore recommend that appropriate precautions are taken prior to downloading information or images from our or any website.
8.2) The company cannot be held responsible for loss of profit, loss of anticipated revenue, loss of business or any consequential or indirect loss referring to any orders/purchases and whilst your equipment is in our possession.
8.3) All images on our website are for illustrative purposes only, actual products may vary. Different colour variations may apply for certain products.
8.4) Although we endeavour to ensure all information provided on our website is true and correct we often use third parties for such information, therefore we do not guarantee any information provided on our website.
8.5) The company own the full copyright for the design of our website. All brand images, logos and icons are owned by their respective owners.
9) Misrepresentation
9.1) Each of the parties acknowledges that in entering into this contract it has not relied upon any representations other than those reduced to writing in this contract. The provisions of this clause shall not apply to any fraudulent misrepresentation.
9.2) We rely upon third parties, such as suppliers and manufacturers, for many of our data feeds and accordingly do not guarantee the accuracy of all data included on our website, price lists and any brochures etc.
9.3) We rely upon third parties, such as suppliers, for many of our images and accordingly images are for illustrative purposes only.
10) Retention of Title
10.1) Title to the goods remains vested in the company until such time as the price, taxes and any other charges due under the contract have been paid in full.
10.2) Risk in the goods passes to the buyer immediately following dispatch from the premises of the company and no responsibility will be accepted by the company for damage or loss in transit.
10.3) The company shall be entitled to recover from the buyer any goods for which payment has not been received when due and enter upon the premises of the buyer where the goods are situated or are reasonably thought to be situated to repossess such goods.
11) Force Majeure
11.1) The company reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the company; and the company shall not be liable for any breach of contract resulting from such events.
12) Law and Jurisdiction
12.1) The contract shall be subject to and in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in all matters arising out of this contract.
Complete Agreement
These Terms and Conditions set out the entire agreement between the parties relating to the goods and services. Additional provisions shall only be binding upon us where they have been accepted by us in writing. Nevertheless, nothing in these Terms and Conditions affects consumers' statutory rights and they remain unaffected.
Acceptance
In-store and Online customers accept these terms and conditions by visiting our website. Trade Resellers and Businesses must sign and return these terms and conditions in order to proceed with an account application.
Acknowledgements:
Some artwork used on our website is Designed by Welcomia / Freepik. We take no ownership of this artwork. Full rights and all credit to owner/designer.