In these Conditions the following words shall have the following meanings:
- “Conditions” means these terms and conditions
- “Contract” means the contract for the sale of Goods by the Supplier to the Buyer
- “Supplier” refers to IT Refreshed Global Limited, trading as Refreshedbyus.com (“RBU”) of Unit 3 Mallusk View, Newtownabbey, BT36 4FR registered as NI632899 being the seller of the Goods
- “Buyer” means the person or company purchasing the Goods
- “Goods” means all those goods specified in the Buyer’s order
- “Order” means the Buyer’s order to which the Conditions are attached. This maybe made by the provision of physical purchase order or upon acceptance of a bid submitted by the Buyer. This Order value will be subject to VAT at the prevailing rate.
- “Parties” means the Supplier and the Buyer and “party” refers to either one of them
- “Consumer” refers to anyone placing an order for personal use, which excludes anyone acting for purposes which are inside his/her trade/business/profession.
The Contract is formed between IT Refreshed Global Limited and the Buyer at point of Order. The Contract excludes all other terms and conditions.
The Order constitutes an offer made by the Buyer to the Supplier to purchase the Goods and the Contract shall come into effect upon the acceptance of the offer constituted by the Order from the Supplier or, if earlier, the Contract shall be deemed to come into effect on the execution or commencement of delivery of the Goods to the Buyer. This Order should be accompanied with a physical Purchase Order which should be provided by the Buyer.
Delivery and Transfer of Risk
Upon acceptance of an Order and if requested RBU will provide a quotation for delivery charges. Delivery charges quoted are subject to VAT. The Buyer can decide to accept this quotation which will form part of the Order, or alternatively they can arrange their own collection for the Goods.
Without prejudice to any right of rejection which the Buyer may have under the Contract or at law, risk of the Goods shall pass to the Buyer on delivery, if RBU arranges delivery of the goods. Should the Buyer arrange collection of the Goods, risk shall pass upon collection by the Buyer. The Buyer must ensure they are adequately insured to cover such Goods.
Title shall pass from the Supplier to the Buyer when payment for Goods is received.
The Supplier undertakes, represents and warrants to the Buyer that the Supplier shall provide the Goods in accordance with the Contract.
The Goods shall be as specified in the Order, be of satisfactory quality, be free from defects (unless otherwise agreed) and fit for their intended purchase.
The Goods shall be properly labelled, packaged and marked to RBU standard will be secured in such a manner as to reach their destination undamaged and in good condition.
Any variation in quantities of Goods received which vary from those specified in the Order should be communicated within 7 days from receipt.
If you suspect that your package has been damaged in transit you should reject the goods or sign for the goods as damaged upon receipt. For the avoidance of doubt no inspection or testing by the Buyer is not deemed a waiver of the Buyer’s rights to return all or any part thereof where the Goods are found to be defective and not in accordance with the Contract and for the purposes of the Sale of Goods Act 1982. Any claims of goods damaged in transit should be notified to RBU as soon as possible after delivery by contacting your RBU representative.
If the Buyer exercises any right under the Contract in respect of the rejection of defective Goods, the Buyer may either require the Supplier to collect the relevant Goods immediately or the Buyer shall return the Goods to the Supplier at the Supplier’s cost if communicated in advance.
Any money paid by the Buyer to the Supplier in respect of any Good rejected under the Contract as per the Order shall be refunded by the Supplier to the Buyer or alternatively be left on the Buyer’s account for offset against future Orders.
Any dates quoted for delivery of the Goods are approximate only. We cannot be held responsible for failed or delayed deliveries; for the avoidance of doubt time for delivery of Goods is not of the essence. We employ the use of reputable courier and logistic providers and they aim to deliver. If you have mission critical orders, we suggest placing them as early as is reasonable and notifying this to us in advance.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Supplier to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
Payment and Transfer of Title
RBU has agreed to extend a line of credit to the Buyer for 30 days from the date of invoice. The value of credit will be communicated to the Buyer and the Supplier reserves the right to increase or decrease such credit as appropriate.
Time for payment is of the essence. If the Buyer fails to make any payment on the due date and within the granted terns then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
- Restrict or revoke the credit terms with no notice;
- Cancel the Contract or suspend any further deliveries to the Buyer;
- Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2.5% per annum above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Should this occur the Buyer shall pay for the Goods before shipment on all subsequent orders. If we have not received funds within 5 workings days from payment request, then your Order will be automatically cancelled
Unless explicitly agreed in advance between both Parties, no right to contra payment exists.
All payments should be made inclusive of VAT.
Title shall pass from the Supplier to the Buyer when payment for Goods is received and all monies owed to the Supplier in respect of the Order has been received.
Until such time as the title of the Goods passes to the Buyer, the Buyer shall hold the Goods as the Supplier’s fiduciary agent and Bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Supplier’s property.
Until such time as the title in the Goods passes to the Buyer, the Supplier shall be entitled any time to require the Buyer to deliver up the Goods to the Supplier and if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Supplier, but if the Buyer does so all moneys owing by the Buyer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
Right to Cancel/Returns
We reserve the right to cancel any order for any reason; in this event you will be contacted via email and where funds have been taken, they will be refunded immediately
Once you have accepted/signed for your delivery you are no longer able to cancel your order.
If upon receipt of your Goods the Buyer believes there is a fault, please contact your RBU representative. Goods returned without prior authorisation may be refused upon returned delivery.
It is the Buyer’s responsibility to ensure any Goods authorised for return are sufficiently packaged. Where delivery back to RBU is the responsibility of the Buyer, we strongly recommend adequate insurance is in place. For returns RBU will not be held responsible for Goods lost or damaged in transit. Goods returned must be in the original packaging, undamaged, complete and with all the original manuals and literature supplied, cables and accessories with the goods: goods returned not in line with this condition, will, at the Supplier’s discretion, be refused or the Supplier will be entitled to charge appropriate packaging, manuals and literature in order to return the goods to the Supplier’s own supplier. The Supplier will be under no liability to the Buyer under this clause in respect of goods, which are returned in a damaged condition.
Any issues that arise within the first month the Supplier will collect the product and cover the return costs. After the first month, it is the Buyer’s responsibility to return the goods and cover the return postage costs.
We will endeavour to complete refunds within fourteen calendar days upon receipt of returned Goods.
Goods found to be tampered with by the customer will not be replaced but returned at the customers expense.
The specifications as advertised in product descriptions are as accurate as possible and every effort is made to ensure that information is correct, however we do not warrant that product descriptions or other content is accurate complete reliable, or error free.
The Buyer is wholly responsible for deciding on the suitability of the goods offered and by placing the Order the Buyer is acknowledging the Goods as being suitable.
When purchasing non-new equipment, it is important that you read and understand the grading system and the factors affecting the price of your Goods.
The Supplier reserves the right to increase the Order price should expenses increase between the date of contract and the date of supply. Should the price exceed the Order value the Contract permits the Buyer to cancel the Order should they wish to do so.
The Supplier warrants that Goods will be free from defects for a period of 12 month from the date of receipt excluding notebook/laptop/phone batteries or products sold with listed defects. Longer period of warranty may be covered if this was purchased by the Buyer at the time of sale. Warranty does not cover viruses or any issues occurring with software or hardware incompatibility. This condition shall not affect the statutory rights of the buyer.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Supplier within 7 days from the date of delivery in accordance with these Conditions, the Supplier shall be entitled to replace the Goods (or the part in question) free of charge or, at the Supplier’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Supplier shall have no further liability to the Buyer.
The Supplier bears no responsibility for any third party data or software on the machine at the time of return.
Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or against otherwise) which arise out of or in connection with the supply of the Goods, or their use or resale by the Buyer and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
The Supplier shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Supplier’s reasonable control, which are in the nature of force majeure. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Supplier’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Supplier or of third party);
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery
Where there is a breach of Conditions or if any other obligation, warranty or requirement in the Contract is not complied with or performed, the Buyer shall be entitled to:
- Terminate the Contract forthwith by notice to the Supplier to that effect and/or
- Reject the relevant Goods (in whole or part) and any Goods already delivered which cannot be used because of non-delivery and/or
- Refuse to accept any subsequent delivery of Goods.
The termination of the Contract shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination.
No waiver by the Supplier of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
No purported variation of waiver of this Contract shall be effective unless it is in writing and is signed by a duly authorised representative of each of the parties.
This Contract shall be governed by, and construed in accordance with, the laws of Northern Ireland without regard to any choice of law principle that would dictate the application of the law of another jurisdiction.