Terms & Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE
PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE
REFERENCE.
1. Formation of the contract
1.1 These terms of sale apply to all goods supplied
by NUSYSTEMS, a division of NUSYSTEMS LTD. registered in England and Wales no. 4708399 whose registered
office is at New Brook House, 385 Alfreton Road, Nottingham, NG7 5LR (“NUSYSTEMS”)
1.2 No contract exists between you and NUSYSTEMS for the sale of any goods
until NUSYSTEMS has received and accepted your order and sends you confirmation
in writing or by email to the address or email address you have given. Once
NUSYSTEMS does so, there is a binding legal contract between us. Receipt of
payment does not mean that NUSYSTEMS has accepted your order and NUSYSTEMS
reserves the right to return your payment to you if your order is not accepted.
1.3 The contract is subject to your right of cancellation (see below).
1.4 NUSYSTEMS may change these terms of sale without notice to you in relation
to future sales.L3-023
2. Description and price of the goods
2.1 The description and price of the goods you
order will be as shown in NUSYSTEMS’ website at the time your order
is accepted. The prices are subject to change and you will be notified of
any change in the prices of ordered goods prior to acceptance of your order.
2.2 The goods are subject to availability. If on receipt of your order the
goods you have ordered are not available in stock, NUSYSTEMS will inform you
as soon as possible, and refund or recredit you for any sum that has been
paid by you or debited from your credit card for the goods within 28 days
of your order.
2.3 Every effort is made to ensure that prices shown on NUSYSTEMS’ website
are accurate at the time you place your order. If an error is found, NUSYSTEMS
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 you cancel, NUSYSTEMS
will refund or recredit 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 will be required to pay a delivery charge
for the goods, as set out on the NUSYSTEMS’ order form.
2.5 The price of the goods and delivery charges are inclusive of VAT.
2.6 Errors and Omissions Excepted
3. Payment
Payment for the goods and delivery charges can
be made by any method shown on NUSYSTEMS website at the time you place your
order.
4. Delivery
4.1 The goods you order will be delivered to
the address you give when you place your order, except that deliveries are
not made outside the United Kingdom, and some parts of the United Kingdom
are not covered, as shown on NUSYSTEMS’ website at the time you place
your order.
4.2 If delivery cannot be made to your address, NUSYSTEMS will inform you
as soon as possible, and refund or recredit you for any sum that has been
paid by you or debited from your credit card for delivery.
4.3 If there is no one at the address given who is competent to accept delivery
of the goods, you will be notified of an alternative delivery date or a place
to collect the goods.
4.4 Every effort will be made to deliver the goods as soon as possible after
your order has been accepted, and in any event within 30 days of the acceptance
of your order. You acknowledge that NUSYSTEMS relies totally upon the accuracy
of the information which you have supplied for this purpose. NUSYSTEMS will
not be liable for any loss or damage suffered by you through any reasonable
or unavoidable delay in delivery. In such a case, NUSYSTEMS will inform you
as soon as possible.
4.5 You will become responsible for risk of loss of or damage to the goods
you ordered once they have been delivered.
4.6 You will become the owner of the goods you have ordered once NUSYSTEMS
have accepted your order and received in full (in cash or cleared funds) all
sums due to it in respect of your order. L3-026
5. Your right of cancellation
5.1 You have the right to cancel the contract
at any time up to the end of seven working days after you receive the goods
(see below). A working day is any day other than weekends and bank or other
public holidays.
5.2 To exercise your right of cancellation, you must give written notice to
NUSYSTEMS by hand or post, fax or email, at the address, fax number or email
address shown below, giving details of the goods ordered and (where appropriate)
their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered
to you, you will be responsible for returning the goods in an unused state
to NUSYSTEMS at your own cost. The goods must be returned to the address shown
below. You must also take reasonable care to ensure the goods are not damaged
in the meantime or in transit.
5.4 Once you have notified NUSYSTEMS that you are cancelling the contract,
NUSYSTEMS will refund or recredit you within 30 days for any sum that has
been paid by you or debited from your credit card for the goods.
5.5 If you do not return the goods as required, NUSYSTEMS may charge you a
sum not exceeding the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if the order is for audio
or video recordings or computer software which have been unsealed by you,
or for goods which by their nature cannot be returned or are liable to deteriorate
or expire rapidly. NUSYSTEMS will notify you at the time your order is accepted
if this applies to you.L3-027
6. Warranty
6.1 All goods supplied by NUSYSTEMS are warranted
free from (“the Warranty Period”) defects for 12 months from the
date of supply. This warranty does not affect your statutory rights as a consumer.
6.2 Should the goods be defective within the warranty, NUSYSTEMS will repair
or replace the goods within a reasonable time.
6.3 If the goods supplied to you develop a defect while under warranty, or
you have any other complaint about the goods, you should notify NUSYSTEMS
in writing at the address, fax number or email address shown below.
6.4 NUSYSTEMS does not give a warranty for:
6.4.1 damage caused by incorrect installation, use, modifications or repair
by any unauthorised third party or yourself;
6.4.2 damage caused by any party (except NUSYSTEMS) or other external force;
6.4.3 fitness for any particular purpose;
6.4.4 all goods that are not NUSYSTEMS products;
6.4.5 all computer operating systems, middleware, applications or other programmes
that require installation on the goods provided and a licence for use (“Software”)
6.4.6 any instruction given by you and correctly performed by NUSYSTEMS.
7. Software Licence
7.1 Where Software is supplied or incorporated
as part of the goods ordered it is not owned by NUSYSTEMS and will be subject
to a third party’s software licence from the owner of the Software.
You will need to sign the licence and/or registration card and return it to
the owner of the software.
8. Liability
NUSYSTEMS accepts liability for any private property
loss or damage, death or personal injury caused by the negligence or deliberate
misconduct of NUSYSTEMS or its employees, agents, subcontractors. Except for
death/personal injury, this liability is limited to the price you have paid
for the Goods.
NUSYSTEMS does not accept liability for (1) indirect or consequential loss,
(2) loss of business profits, salary, revenue, savings, (3) damaged remedied
by NUSYSTEMS within a reasonable time, (4) loss avoidable by you through reasonable
conduct, including backing up all data and following NUSYSTEMS reasonable
advice generally, 5) all items excluded from the warranty or by Force Majeure.
9. Force Majeure
NUSYSTEMS reserves the right to defer the date
of delivery or to cancel the Contract or reduce the volume of the goods ordered
by the Customer (without liability to NUSYSTEMS) if it is prevented from or
delayed in the carrying on of its business due to circumstances beyond the
reasonable control of NUSYSTEMS including, without limitation, acts of God,
governmental actions, war or national emergency, acts of terrorism, protests,
riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes
or other labour disputes (whether or not relating to either party's workforce),
or restraints or delays affecting carriers or inability or delay in obtaining
supplies of adequate or suitable materials provided that, if the event in
question continues for a continuous period in excess of 30 days, the Customer
shall be entitled to give notice in writing to NUSYSTEMS to terminate the
Contract.
10. Validity
If any of these Terms and Conditions are unenforceable
it shall not effect the enforceability of the rest of these Terms and Conditions.
11. Applicable law
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.
12. Data protection
12.1 NUSYSTEMS will take all reasonable precautions
to keep the details of your order and payment secure, but unless NUSYSTEMS
is negligent, NUSYSTEMS will not be liable for unauthorised access to information
supplied by you.
NUSYSTEMS will only use the information you provide about yourself for the
purpose of fulfilling your order, unless you agree otherwise. NUSYSTEMS would
like to notify you of products and offers that may be of interest to you from
time to time. You can correct any information about you, or ask for information
about you to be deleted, by giving written notice to NUSYSTEMS at the address,
fax number or email address shown below.
NUSYSTEMS
New Brook House
385 Alfreton Road
Nottingham
NG7 5LR
Telephone: 0870 350 4500
Fax: 0870 350 4501
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