Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Computer Bay Ltd.. The collective work includes works that are licensed to The Computer Bay Ltd.. Copyright 2003, The Computer Bay Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Computer Bay Ltd. or purchasing The Computer Bay Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Computer Bay Ltd. or to purchase The Computer Bay Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Computer Bay Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Computer Bay Ltd. used in the site are trademarks or registered trademarks of The Computer Bay Ltd.
Terms of Sale:
Please read the terms of sale carefully before placing your order and keep a copy for your future reference.
"The Supplier" Refers to The Computer Bay Ltd.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by TheComputerBay Limited, whose registered premises is at 1 Maeshelyg, Llechryd, Cardigan, Ceredigion SA43 2NL.
1.2 The market in the goods is such that the specification, description and price of individual goods can change. The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated. Your order is an offer to us to buy the goods of the specification and description at the price indicated. Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated on the website and in which case there will be a concluded agreement between you and us. Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail.
1.3 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract.
1.4 The contract is subject to your right of cancellation
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as quoted when you ordered
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s quotation are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by the following methods: Cash, Paypal, Debit or Credit Card.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, We only deliver to UK Mainland addresses
4.2 Orders placed before 4.00 pm on a working day will be processed that day and will be delivered as per the requested , Normaly 2 to 3 working days. delivery option provided. We may phone you to confirm your Phone number. Email you to validate your Email address. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation
6.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods. This right may only be exercised if the packaging is not opened and the good are returned unused.
6.2 To exercise your right of cancellation, as per clause 6.1 above, you must give written notice to the Supplier by hand, post or the email / contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 If you exercise your right of cancellation, as per clause 6.1 above, after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. In all cases, as per Distance Selling regulation we will deduct the delivery / carriage costs from the refund amount. You must return the goods to us at your own expense using an insured courier service. There will be a charge of £25, if you would like us to collect the goods via our own courier instead of sending the items yourself.. Such refund will be made after deducting reasonable costs for services rendered such as postage costs, credit card processing charges, and PC assembly costs (in the case of custom built computers).
6.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.
6.7 IMPORTANT: Please lave a verifiable Phone & Email Address so we can contact you for delivery. Tracking Number Etc.
Failure to do so could lead to delays beyond our normal delivery Times.
Please make sure you are in ready to take delivery.
7. Warranty
7.1 All goods (excluding Software & TFT's - see 7.5 & 7.6 below) supplied by the Supplier are warranted free from defects for 12 months from the date of invoice. This warranty does not affect your statutory rights as a consumer.
Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3 year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 48 hours of delivery.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
7.5 All TFTS supplied by the Supplier are provided with a 12 month Return to Base Warranty from the date of invoice.
7.6 As with most online computer retailers, the above warranty excludes dead pixel issues so long as they fall within the level of Acceptable Defects as defined in ISO 13406-2. All TFT Monitors sold by the Supplier fit the ISO13406-2 Spec in Class II, which is the common class for consumer equipment.
8. Limitation of Liability
8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence.
8.3 Any guarantees / warranties provided above, specifically excludes to the maximum possible extent any losses (incidental or otherwise) arising as a result of failure of our products, (e.g. Data Loss, Productivity / Time / Revenue Loss etc). Irrespective of whether you are an end user / consumer, a business or trade customer, the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9. Data Protection
9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
10. Images
10.1 Product images are for illustrative purposes only and could differ from the actual product.
11. Custom Builds
11.1 By ordering a Custom build from The Computer Bay Ltd. You are agreeing to have the system built with the parts that we quoted
11.2 The operating system will be installed, a collection of useful free software programs will also be installed and the system will be optimized before it is shipped.
12. Updated Online Terms and Conditions.
Damaged / Missing / Wrong Items
Most all our orders arrive on time and in the same excellent condition they left our warehouse. However items can get damaged about in transit and whilst often it is only the packaging that is damaged, the products themselves are occasionally damaged. Items also occasionally get misrouted and can get lost in transit.
If damage is noticed at point of delivery the order can be refused and returned with the driver.
After Sale Service
We operate a fair and open after-sales service. We firmly believe that setting out our terms clearly rather than burying them in small print is what customers should be able to expect of any business. Everything you need to know about our policy is outlined here.
Over 99% of our orders are handled perfectly – goods are delivered on time and work without fault. However from time to time things do go wrong. Parcels can get misrouted by the couriers, traffic can prevent deliveries arriving on time, manufacturer’s specifications can be inaccurate and items can develop a fault. We aim to offer a service most other online retailers fail to deliver on: Product availability, value, reliable delivery and a clear and fair after-sales service.
AFTER YOU'VE ORDERED
Changing your delivery date
We understand things can change and you may need to rearrange your delivery after you have already chosen a date. This option is available to you, however we ask that you let us know with at least 3 working days notice.
Cancellation & Returns
If you are a consumer based in the UK and not a business or organisation then this section applies to you. If you are a business, please refer to our Commercial Terms where you will find the relevant information for you.
We want you to be entirely happy with your purchase from us. If you change your mind after placing your order you are still able to make a cancellation, regardless of the reason, without any fee before the item is despatched.
Once despatched, if you have ordered the wrong item by mistake, we also allow you 7 days from the day following your delivery to let us know if you want to return your product(s) so long as they are unused. (Excludes business customers.)
Please note: You are responsible for the cost of returning unwanted/cancelled items to us, and for the value of the goods if they are diminished as a result of your handling whilst with you or in the return transit to us.
We cannot stress enough how important it is to check your order on delivery.
Upon delivery (and whilst the driver is still there) we recommend you give your product(s) a thorough all round check as any damage needs to be reported immediately. Once a signature has been recorded by the delivery provider any damage stated afterwards is not covered by insurance.
It is also to your benefit to report things on delivery as it can be more expensive to return large items with the need for correct packaging etc. If you no longer have the original packaging, or it has been rendered unusable, it is your responsibility to obtain the relevant packaging material required for safe transport of the goods.
Please Note:
If you are beginning any big kitchen projects, meaning you won't be opening your new products for a while, we still advise you to check everything on delivery. If this is the case, and any problems are noticed after the 14 day period and the products are still unused, we recommend that you contact us to discuss the situation, and we will advise you as best we can.
You may cancel your order within 14 days from the day following delivery subject to the following conditions and returns process:
To process the return it's always quicker to first obtain a Returns Number (RMA). To obtain your RMA number please Email us to create a Return. support@thecomputerbay.co.uk
For all cancellations:
You must cancel in writing within 14 days from delivery.
You are responsible for the cost of sending back the goods. You have a statutory duty to take care of the goods. Damage or distress caused or allowed by you to the product may void your right to return the product.
You may examine the goods as you would do when purchasing in a shop. You have a duty to take care of the goods. Cancelled orders where the goods are returned damaged, worn, scratched, modified (including software setup if applicable) or missing any of the supplied equipment, including filters, screens, stands, batteries and other accessories, will be rejected and returned to you.
If the goods are returned with any damage, you will be charged for the diminished value of the goods.
We recommend that goods should be sent by a recorded method of delivery as proof of return may be required. They should also be insured in case the goods are damaged during return transit.
You are responsible for the security and safety of the goods until they are received and accepted back into our warehouse. If you do not use insurance and the goods are damaged or go missing you are fully liable for the cost of the goods.
You are responsible for the cost of sending back the goods.
To speed up the identification of your product return the returns reference (RMA Number) must be clearly highlighted on the outside of the package, in such a way that it does not damage the original product. Product returned without an authorisation number will require identification from all sales of the product, this can add further time and delays in processing the return as refunds cannot be made until we are sure the correct invoice has been identified for the product. (Returned goods that were not cancelled in writing within 14 days will be returned to you for an administration fee of £49)
However, some items bought online or by mail order cannot be returned simply because you change your mind. These include:
CDs, DVDs or software if the seal is broken on the wrapping
tailor-made or personalised goods
Returns Address:
The computer bay Ltd
1 Heathfield,
Pendre,
Cardigan
Ceredigion
SA43 2NL
Please note: that if you have multiple deliveries on one order, the 14 days begins the day after the final delivery for that order. If your item arrives damaged
PLEASE CALL US IMMEDIATELY TO REPORT DAMAGE: Within 24 hours.
Over 98% of our orders arrive on time and in the same excellent condition they left our warehouse. If you notice any damage at the point of delivery the order can be refused and returned with the driver. .
As with all new purchases, we understand that you will want to open and test your item as soon as it arrives. It's very important that you report any damaged, missing or incorrect items to us as soon as possible, preferably on the day of delivery. If this isn't possible, we consider it reasonable to check your items within 5 days, however we appreciate there can be exceptional circumstances which we would review on a case by case basis. If you do not intend to use your goods immediately, please open and inspect them before storing, Damage requests reported too late will be refused.
Please Note:
Do not try to fit an item if it is damaged, without calling for advice first. If you are responsible for any further physical damage to the item you will be charged - Consumers returning goods bought at a distance or off-premises will be liable for any diminished value of returned goods that results from the consumer handling the goods beyond what is necessary to check them.
In order to help us resolve issues arising from these problems, please log into the Order Tracking System and create a Return within the first 48 hours of delivery or expected delivery in case of non receipt. Outside of this period please call us to discuss your situation. If your item is faulty
Faults Occurring Within 1 year (3 months for refurbished products): If you've had the product for up to 1 year and require a fault repair, your product will be repaired directly by the manufacturer or by us. If that's not possible we will give you a replacement, or if that's not possible, a refund.
Faults Occurring After 1 year but within manufacturer's warranty period: Please contact the manufacturer directly to arrange a repair. You can also contact us for further advice and suggestions as other repair options may be available.
Please note: Some manufacturers include a warranty registration form in the box - don't forget to complete this and send it off within the specified time period. If you have purchased a product for commercial use (such as hotel or nursing home) please be aware that most manufacturers only provide a warranty for domestic use. Please refer to our Commercial Terms for more information. These terms do not affect to your statutory rights.
RETURNS PROCESS FOR FAULTY GOODS (Up to 30 days)
To return your goods to us you first need to call the manufacturer’s helpline and obtain a fault reference number. This is to ensure the goods are actually faulty as in over 50% of cases, goods that are first thought to be faulty actually work. Often it’s because the instruction books are poorly written or because the items are complicated to use that a fault is wrongly suspected. This call to the manufacturer’s technical helpline can often resolve the issue and prevent an unnecessary return, saving you time and the returns costs should the product be found to be in full working order. If the manufacturer cannot resolve the problem, ask them for a DOA (Dead on Arrival) returns reference. Once you have this reference number, complete our online return form (RMA) providing details of the DOA number and we will issue you with a returns number by email.
If you have any difficulties obtaining a DOA, please contact us by Email: support@thecomputerbay.co.uk
Before completing an online return form.
When you return goods to us you must:
Include all the items that you received in the original shipment including cables, remote controls, manuals, CDs and packaging.
Ensure you package the product well and that there are no marks on the original packaging. We may not accept liability for any goods damaged in transit and a replacement or refund may not be offered. Please ensure that the RMA number is clearly visible on the outside of the packaging.
All goods are tested on return to verify the fault and always before a replacement or refund is processed. Any goods proven to be non-defective will be returned to you. (NB Software problems are not covered as part of the standard manufacturer's warranty.) If no valid DOA reference is provided with the return and the goods are in working order, you will be charged a £35 (Plus Vat) inspection fee and the return delivery costs.
Depending on the type of product we will either arrange a courier collection or request that you return the product to us directly. If we arrange a courier collection of your product we will specify a date for collection, however as we are unable to specify exact collection times this will require someone to be present when the courier arrives. We will only arrange one collection, therefore if you miss the courier you will be required to return the product to us at your own expense. If we ask you to return the product to us directly, please send it to the returns address at the end of this document.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by registered post or courier and to maintain sufficient insurance to cover the value of the goods.
Please note we need an RMA number to identify your return - all packages arriving to us without a valid RMA number will be rejected and returned at your cost.
REPAIRS PROCESS (AFTER 30 DAYS)
If any of your purchases from Buy It Direct develop a fault within the warranty period, it's quicker to contact the manufacturer directly to arrange a repair, but we'll be happy to help if you wish to contact us. In most cases the manufacturer will arrange a collection and repair at no extra cost to yourself. It usually takes about 30 days to return your repaired item to you but please note it can take longer depending on the manufacturer and the complexity of the problem.
Whilst we are more than happy to return faulty items to the manufacturer on your behalf, this does add an additional layer of administration to the repair process and ultimately increases the overall repair time (usually by around 2 weeks). For this reason we recommend you return any faulty products directly to the manufacturer.
If you're purchase is outside of it's warranty period please contact the manufacturer directly to see if they can help repair the product or alternatively contact us to see if we can help you further.
*Your warranty guarantee excludes faults caused by misuse, neglect or accidental damage. Batteries and other perishable or consumable items are also excluded.
These terms do not affect your statutory rights.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
The Computer Bay Ltd.