Terms and Conditions
CONSUMER TERMS AND CONDITIONS OF BUSINESS
1 INTERPRETATION In these Conditions the following words have the following meanings:-
"RISE" RISE Computers of Unit 4, Acorn Enterprise Centre, Empress Road, Southampton, SO14 0JY;
"Contract" any contract between RISE and the Customer for the sale and purchase of Goods which shall incorporate these Conditions;
"Customer" the person who purchases Goods from RISE;
"Goods" any computer hardware or software agreed to be supplied to the Customer by RISE; and
"Third Party Software" all software owned or licensed to the Customer by a third party owner and which may comprises part or all of the Goods.
2 THE CONTRACT
2.1 All sales of Goods by RISE shall be subject to these Conditions.
2.2 RISE will not be liable for any order placed by the Customer until RISE confirms that such order is accepted subject to these Conditions.
3 CANCELLATION
In the event that the goods have been ordered at a distance then the customer may cancel his or her order by notifying RISE in writing within seven working days after the day on which you receive the goods at the postal address above , and RISE will refundany sums already paid by the customer in full. This si in accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000.
4 CANCELLATION POLICY
4.1 RISE reserves the right to reject any Goods returned which do not comply with the terms of this Condition
4.1.1 any cancellation must be made within 7 days of the date of delivery;
4.1.2 the Goods must be properly packed in their original packaging and no seals broken and the Goods must be in a saleable condition.
5 PRICE AND PAYMENT
5.1 The prices for the Goods do include value added tax and include the cost of delivery
5.2 .Payment for Goods shall be made in advance.
6 DELIVERY
6.1 RISE shall arrange, at the Customer's cost, for the Goods to be delivered to his or her home address.
6.2 Delivery dates are an estimate. Goods will be delivered within a reasonable period of time and teh customer will not be entitled to cancel the contract unless such delay in delivery exceeds 30 days.
6.3 If for any reason the Customer will not accept delivery of any of the Goods when they are ready for delivery, or RISE is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, then at that time:-
6.3.1 RISE may store the Goods until delivery in which case the Customer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
6.4 RISE should be notified within 7 days if goods do not arrive on the expected delivery date.
7 RISK AND OWNERSHIP
7.1 The Goods are at the risk of the Customer from the time of delivery.
7.2 Ownership of the Goods shall not pass to the Customer until RISE has received payment in full for the Goods.
8 CUSTOMER'S OBLIGATIONS
8.1 The Customer must, within a reasonable time to enable RISE to supply the Goods, provide such information as may be required by RISE.
8.2 The Customer must ensure that the terms of its order and any information or other items provided by it are complete and accurate.
9. THIRD PARTY SOFTWARE
9.1 The Customer acknowledges that any proprietary rights in Third Party Software supplied under the Contract, including, but not limited to, any title or ownership rights, patent rights, copyrights and trade secret rights, shall at all times and for all purposes vest and remain vested in the owner of such Third Party Software.
9.2 The Customer hereby acknowledges that it is its sole responsibility to comply with any terms and conditions of licence attaching to Third Party Software supplied and delivered by RISE, including, if so required, the execution and return of a software licence. The Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the owner of the Third Party Software. The Customer further agrees to indemnify RISE in respect of any costs, charges or expenses incurred by RISE following action by a Third Party Software owner as a result of any breach by the Customer of such terms and conditions.
9.3 No title or ownership of Third Party Software, save for the physical diskette or other physical medium upon which the software is stored, is transferred to the Customer under any circumstances.
10 FORCE MAJEURE
RISE shall be under no liability for any delay or failure to perform its obligations under the Contract in the event that the manufacture, supply or delivery of the Goods is prevented or delayed by an event beyond its reasonable control.
11 MISCELLANEOUS
11.1 Any indulgence granted by RISE to the Customer and any failure by RISE to insist upon strict performance of these Conditions shall not be deemed a waiver of any of RISE's rights or remedies nor be deemed a waiver of any subsequent default by the Customer.
11.2 The interpretation and application of every Contract shall be in accordance with English Law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
