These Terms and Conditions (‘the Terms’) govern your relationship with Planet IT Limited (Planet IT, we or us). These Terms apply to all customers.
All Orders for Goods or Services accepted by us will be subject to the following Terms which will form part of and will govern the Contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised person of Planet IT Limited. We will not accept the inclusion of any alternative terms by a Customer which conflict with, alter or add to these Terms.
- 'Customer' (otherwise referred to as 'you') means the person, firm or company entering into a Contract with us to buy Goods or Services
- 'Contract' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
- 'Goods' means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
- 'Normal Working Hours' means 9am to 5pm on a Working Day.
- 'Order' means an order for Goods or Services made by you in accordance with these Terms.
- 'Order Confirmation' means our written acceptance of your Order.
- 'Services' means services and support provided by us to you.
- 'Software' means computer program(s) and associated documentation.
- 'Working Day' means Monday to Friday, excluding Bank or other Public holidays.
- When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion.
- We will accept your offer we have confirmed availability of the Goods or Services, verified your credit status as necessary and prepared the Goods for dispatch. We reserve the right to obtain payment in advance before providing you with any Goods or Services.
- The Order will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those dispatched. You should notify us as soon as you become aware of any such discrepancy.
- If we are unable to accept your Order, we will inform you if this and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Confirmation that will be subject to your acceptance. If you do not accept the alternative Goods offered within 5 days from the receipt of the Order Confirmation, your Order will be deemed as cancelled and we will refund any money paid to us in advance with respect of that Order, including carriage charges. This shall be your sole remedy.
- We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in any communications, especially with generic products. In case of any variations the process described in clause 2.5 shall apply.
- When you place an Order, you are undertaking to us that all details you provide to us for the purpose of purchasing Goods or Services are correct
PRICES & PAYMENT
- Goods and Services, together with VAT, are invoiced at the price prevailing at the time of your Order if paid in advance/delivery.
- We reserve the right to vary our prices from time to time, but changes will not affect any Order you have already placed.
- Before you submit an Order, you will be notified of any additional charges including shipping and handling costs or insurance.
DELIVERY & RISK
- We will contact you with an estimated delivery date. Unless we agree otherwise with you, then we will normally ensure that Goods are delivered to you no later than 30 days from the day after you submitted your Order to us.
- We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date and time. If our supply of the Goods is delayed by an event outside our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of a substantial delay, you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
- If we do not get the Goods to you by the estimated delivery date then you may cancel your Order straight away if any of the following apply: - we have refused to deliver the Goods; - delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or - you told us before we accepted your Order that delivery within the deadline was essential.
- If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 4.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- If you do choose to cancel your Order for late delivery under clause 4.3 or 4.4, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us in their original condition or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund you any sums you have paid to us for the cancelled Goods and their delivery.
- Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
- If you cannot accept delivery, we may at our option re-arrange delivery provided that we may charge you for the additional delivery costs incurred.
- If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in accordance with Clause 5.5.
- Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.
- We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
- You may request a copy of the Proof of Delivery, provided that this request is made within 7 days of the date of delivery and we shall use reasonable endeavours to provide such proof. If you do not make such a request, or notify us in accordance with clause 5.2 then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.
RETURNS & WARRANTIES
- All returns must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the Software seals intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
- You should notify us immediately and in any event no longer than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing or the Goods are not as specified in the Order Confirmation or have been delivered to you by mistake. Nothing in this clause affects your rights under clause 5.7 below.
- Your Right to Cancel if you change your mind
- You are entitled to cancel your Order for any reason until, but no later than the end of the 14th day after the day of receipt of the Goods.
- The easiest way to cancel/return Goods purchased from us is to send a written notice of cancellation to your account manager via email.
- If the Goods have been delivered to you before you decide to cancel your Order, you must return the Goods to us in their original condition and undamaged without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel your Order. When you cancel an order, you will have to pay the carriage costs for returning the Goods to us (unless the Goods are faulty or not as described or we have not been able to supply the Goods as ordered and have substituted alternative Goods). You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged whilst in transit. If you do not arrange to return the Goods to us, then you are under a duty to make the Goods available for collection at your expense from the address to which they were delivered.
- You do not have a right to change your mind and to cancel a purchase for Software supplied on CD, DVD or other similar storage devices if the Software packaging has been unwrapped or the seal has been broken or if the Goods become mixed inseparably with other items after their delivery.
- When you cancel an Order, we will:
- refund the price paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method);
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or
- if you have not received the Goods or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Order.
- Our Right to Cancel
We may end this Contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time, allow us to deliver the Goods; and
- you do not, within a reasonable time, allow us access to your premises to supply the Services.
- Care of Goods to be Returned
Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.
- Return of Defective Goods
- We are under a legal duty to provide Goods that are in conformity with this Contract.
- In the event that Goods are found to be defective or which do not conform with the Contract (Defective Goods) at any time within the first 30 days from delivery then please contact us immediately once you have become aware of the defect, ensuring that you have the item’s serial number available to provide to our staff. You are entitled to reject any Defective Goods at any time within the first 30 days from delivery and claim a full refund. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
- While you remain entitled to reject any Defective Goods after the 30 day period from delivery has expired, we nevertheless cannot be held responsible for any Defective Goods in the first instance. In the event that the Goods need to be repaired or replaced you should refer to the Manufacturer Terms and Conditions.
- If we arrange for a courier collection of your Goods, this will normally take place between 9.00am and 5.30pm, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
- If we receive the returned Defective Goods following the first 30 day period and if following the testing process the Defective Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine the Defective Goods, it is evident that the defect has arisen because you have failed to follow the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without the written consent of Planet IT Limited or the manufacturer then we reserve the right to refuse a repair, replacement or refund.
- You should note that we adhere to individual manufacturers’ guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer’s accepted manufacturing tolerances. If you have any doubt, please contact us.
- Warranty Claims
- If Goods become faulty more than 30 days after delivery then you are advised to contact the manufacturer and use their goodwill warranty procedure. As stated in the manufacturer's documentation, certain Goods carry a manufacturer's goodwill warranty which is more generous than your legal rights under the Consumer Rights Act 2015. A manufacturer's goodwill guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- You should note that certain Goods have a reduced warranty period. In particular, Goods specified as ‘refurbished’ are only subject to a 3-month warranty from the date of delivery. Your statutory rights are not affected when you purchase such Goods. 5.8 Provision Of Services
- If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our services engineers or their contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).
- We accept no liability for equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves or our agents. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
EVENTS OUTSIDE OF OUR CONTROL
- We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any event beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as events beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes of a third party; difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
- We will contact you as soon as possible to let you know about the delay or failure and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of a substantial delay, you may contact us to end the Contract and receive a refund for any Goods or Services you have paid for but not received.
- We make every effort to ensure that all prices and descriptions quoted are correct and accurate, but it is always possible that, despite our best efforts, some of the prices or descriptions may be incorrect. If we accept and process your order where a pricing or description error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing or a misdescription, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
TRADE NAMES & TRADE MARKS
- In the case of component purchases, if you require a particular brand of product, then before placing an order, please check with us to confirm the identity of the manufacturer of the component that you are proposing to purchase.
- Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in our sales literature and on our website.
GENERAL TERMS OF BUSINESS
- Nothing in these Terms affects your legal rights as a consumer.
- Any variation of this Contract must be in writing and signed by a duly authorised Planet IT Limited official.
- You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
- If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
- These Terms shall be governed by the relevant laws of England and Wales and construed in accordance with the relevant laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the relevant courts of England and Wales.
- If you have any complaints with the Goods or Services provided please contact us in writing.