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Shop terms & conditions
TERMS AND CONDITIONS for online purchases and services.
Please read all these Terms and Conditions.
1. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01263 825338.
Application
2. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are J S COMPUTING SERVICES a company registered in England and Wales under number 9525404 whose registered office is at 24 New Road, Norfolk, NR268EB with email address support@jscs.co.uk; telephone number 01263 825338; (the Supplier or us or we).
3. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Goods;
6. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
8. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
9. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
11. Website means our website www.jscs.co.uk on which the Goods are advertised.
Goods
12. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
13. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Goods which appear on the Website are subject to availability.
15. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
16. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We retain and use all information strictly under the Privacy Policy.
18. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
19. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
22. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
23. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
24. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
25. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
26. Prices and charges include VAT at the rate applicable at the time of the Order.
27. You must pay by submitting your credit or debit card details with your Order. Payment must be made in full immediately upon order, your order will not be started until payment is cleared and received.
Delivery
28. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and you will pay the costs of this.
32. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
33. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
34. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
35. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
36. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
37. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
38. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns and Cancellation
39. Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. Cancellation under the Distance and Selling Regulations does not apply to custom built products or goods that are made to your specifications. The cancellation period will expire 14 days from the day on which the goods are delivered to the customer.
40. To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post or email). The Customer may use the model cancellation form provided. Notification by phone is not sufficient.
41. If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
a. 14 days after the date on which the Company receives any Goods back; or
b. (if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods and they have been received by the company; or
42. The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
43. The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of any goods sent back being received by the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address “JS Computing Services, 24 New Road, Sheringham, NR26 8EB, Norfolk, UK.”, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
a. If the customer uses their own courier for the return of goods and those goods are lost by the courier then it is the customer’s responsibility to claim any refunds or value of the product from the courier. The company will not refund any goods which are not received.
44. This deadline is met if the Customer sends back any Goods before the period of 14 days has expired.
45. The Company will require that the Customer bears the cost of returning any Goods to the Company using an insured courier service.
a. The goods must be insured for the full value of the goods against loss and damage during transit.
b. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
46. 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.
47. 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, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. You do not have a statutory right of cancellation under the Distance And Selling Regulations 2000, Sales of Goods act 1979, Consumer Contract Regulations or Consumer Contracts act if you have ordered a Custom built computer or computer built to your specifications.
48. If you are a Business or Trade customer then any orders by or on behalf of a business cannot be cancelled once placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company billing address or purchase order number has been provided.
49. Given the nature of the suppliers products and how much effort has gone into packaging and protecting the product all returns must be made in the original packaging so that the item may be resold and safely transported. The supplier deems this clause as a fair term.
50. All returns must be in their original condition, this includes any software or packaging changes to the product. The supplier may charge or deduct from refund a reasonable fee to restore the product to its original condition.
51. You do not have the right to cancel the contract if the order is for a unique bespoke quote and the supplier reserves the right to decline any cancellation request
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and Our Sub-Contractors
56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. With the explicit exclusion of any warranties. All warranties are not transferrable.
Circumstances Beyond the Control of Either Party
57. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
59. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://www.jscs.co.uk/privacy-policy/) and Cookies Policy (http://jscsgaming.co.uk/cookie-policy/).
60. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
61. We are a Data Controller of the Personal Data we Process in providing Goods to you.
62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
63. For any enquiries or complaints regarding data privacy, you can e-mail: support@jscs.co.uk.
Excluding Liability
64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way: If you have any problems with a product or order then you should contact us as soon as the problem arises and we will aim to find an appropriate solution within 5 working days. .
Attribution
68. These Terms and Conditions were partially created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model Cancellation Form
To J S COMPUTING SERVICES 24 New Road Norfolk NR268EB Email address: support@jscs.co.uk Telephone number: 01263 825338
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.