"Company" means Stones Traders Ltd. T/A Epsilon Computers,
"Conditions" means these terms and conditions.
"Contract" means any contract between the Company and the Customer for the sale and purchase of Supplies.
"Customer" shall mean the person, company or any other body that purchases or agrees to purchase Goods as a consumer
"Goods" means any goods supplied or to be supplied by the Company to the Customer.
"Supplies" means any Goods or Services.
"in writing" includes electronic communications.
The following terms and conditions apply to all transactions processed by Epsilon Computers. All orders made are subject to the acceptance of these Conditions, and deemed to be accepted by you when placing your order. These Conditions do not affect your statutory rights. These terms and conditions are subject to change without notice and supersede all previous editions. For your peace of mind we adhere to the Consumer Protection (Distance Selling) Regulations.
When you place an order for good(s) with us, you must accept the Conditions. Our contract with you only begins when we confirm acceptance of your offer to purchase good(s) from us and we will not be considered to have accepted your order until we have validated and confirmed your payment. Any communication, which you receive from us prior to confirmation, is not to be considered as an acceptance of your order. In the case of any pricing error occurring in our website, within a written or verbal quotation, or contained within any fax or e-mail correspondence however received, all incomplete orders shall be considered invalid.
We accept all major credit cards.
To ensure that your credit, debit or charge card is not being used without your permission, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Many of the goods we sell are of a technical nature and whilst we endeavour to publish as much information as is practical about the goods, the descriptions of the goods are as set out on the website. All drawings, photographs, descriptive matter, colour, specifications and advertising on our website are for the sole purpose of giving an approximate idea of the goods. They will not form part of the contract between us.
Your order for goods is subject to stock availability. If we do not supply goods to you for any reason we will inform you of the situation and will not charge you for those goods, and will refund any money already paid by you for these goods. We are not liable for any financial loss incurred by you relating to interest payments, or loss of earnings, or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
All prices quoted or displayed are in UK pounds sterling and shall be the price, exclusive of VAT & delivery, set out on the website at the time your order is placed. A delivery charge will be made and clearly shown in the orders section of the shopping cart before any online order can be placed, or as displayed on our website ordering , or as quoted by phone. We are entitled to make adjustments to the price to take account of any increase in, or the imposition of any new taxes or duties. If due to an error or omission the price published for the goods on our website is wrong we have the right to terminate an order provided the goods have not been dispatched. We will try to ensure that all prices displayed on our website are accurate, but should an error occur we would inform you of the correct price and give you an opportunity to cancel the order, pricing may fluctuate daily, we can only honour that price on the day of purchase.
Payment for goods must be made in accordance with our purchase procedure as set out on our website. All orders are positively credit card sanctioned prior to dispatch. We can accept no responsibility if any details you provide us with that are incorrect or if any order is held up as a result of incorrect or unsubstantiated details.
Any clerical error or omission in any sales literature, quotation, pricing on the website, acceptance of offer, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
We shall not be liable to you for any loss whatsoever relating to password or user name access to your account. It is your responsibility to protect your own password and or user name that has been forwarded to the e-mail address you have provided. Unless informed by you in writing as to the opposite we will consider any e-mail address given by you is indeed your own personal account and is secure. We take no responsibility for any third party abuse of your e-mail account.
The Company reserves the right to decline to trade with any company or person or to impose reasonable conditions prior to accepting any order (such as, by way of example, the provision of a valid landline phone number or the prior receipt of cleared funds by the Company) where the Company considers it reasonably necessary for security or fraud prevention purposes.
Once accepted, no order may be cancelled without the prior written agreement of a director of the Company.
The Company reserves the right to increase or re-classify these charges at any time, including in the event that its costs of delivery increase.
Save as set out below, the Company will use all reasonable endeavours to despatch Goods ordered before 2pm Monday to Friday on the same day. The Company reserves the right generally to change its policy on charges for delivery (including imposing charges on orders not yet placed and accepted by the Company) at any time and to pass on any fuel surcharges imposed on it. The Company reserves the right to levy a delivery and/or handling charge in the amount notified to the Customer prior to despatch for delivery of heavy or bulky items. For urgent deliveries the Company offers a special Express day delivery service (priority despatch usually next working day delivery).
Delivery will be made to the address specified by the Customer.
The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in 2 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. The Company does not guarantee delivery time and Epsilon Computers cannot be held responsible for late deliveries, and no refunds will be paid for late deliveries.
The Company reserves the right to delay despatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment has been received in cleared funds in full. Where despatch is delayed for such reasons the Company will use reasonable endeavours to inform the Customer.
4. Inspection, defects and non-delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in 10 below, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of such date. The Company does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Subject to 11(i) below, any liability of the Company for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 8 will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.
For customers in the UK except as detailed in Condition 6 below, no order can be cancelled or accepted for credit without the prior written agreement of the Company. If cancellation/credit is accepted by the Company, the Customer must obtain a returns authorisation number from the Company prior to returning the Goods. Goods must then be returned, at the Customer's risk and expense, for receipt by the Company within 7 days of their delivery by the Company and must be undamaged, in re-saleable condition and in original packaging (which shall include any of the Company's outer packaging). The Customer should return the Goods to "The Returns Department, Epsilon Computers47 Tottenham Court Road W1T 2EE” quoting the Customer's account number and order number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Certain Goods are excluded from this right of return, including software, manuals which have been opened and specially constructed items. Goods returned after 7 days as 'unwanted' or 'incorrectly ordered' may be accepted at the discretion of the Company but will be subject to a restocking fee of 30% of the invoice value of the Goods. Goods that consist of software, are specially constructed or contain any of the hazardous substances referred to in the Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical or Electronic Equipment may not be returned under this Condition 9. Any Goods which are not in the website or are nonstock items may not be returned under this Condition 9. Any static-sensitive Goods supplied in sealed packaging may not be returned if the blister or 'peel' packs in which they are supplied have been opened, tampered with or damaged.
6. Distance selling regulations
If the Customer is buying as a 'consumer', as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided the Customer has taken reasonable care of the Goods and returns the Goods complete, undamaged, and with their original packaging (including the Company's outer packaging), return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any UK or Irish Bank Holiday) of their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within 7 working days from the day of delivery to " The Returns Department, Epsilon Computers, 47 Tottenham Court Road W1T 2EE " quoting the Customer's account number and order number. Goods should be returned first class with proof of posting and the Customer is responsible for the payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and assist in the arrangements for the Goods' collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending return or collection. Following receipt of Goods which comply with this Condition 10, the Company will refund to the Customer the price paid in respect of the Goods.
This Condition 10 shall not apply to software that has been unsealed by the Customer.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details, including any statements as to compliance with legislation or regulation (together, "Descriptions") wherever they appear (including without limitation in this Website, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Descriptions of any Goods differ from the manufacturer's description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by the Company's negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
Without prejudice to this condition 11, Customers are recommended to check the Company's website for the latest Descriptions of the Goods, in particular (but without limitation) with regard to statements regarding RoHS.
8. Quality assurance
All Goods detailed in the Websites have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001, unless indicated otherwise on the despatch documentation.
Further details can be obtained from our telephone sales office at the time of ordering.
9. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company's negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 16 (i), the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 14 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company's option, the supply of replacement Supplies which are sufficient and suitable.
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods. Not all Goods are supplied with a manufacturer's or Company guarantee and guarantees which may be provided by manufacturers will vary in duration. It is the Customer's responsibility to check at the time of purchase as to the applicability of the Company's guarantee and/or the terms of any manufacturer's guarantee. Where the Company's guarantee is provided, the Company will, free of charge, repair or, at the Company's option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. If the Goods are found by the Company not to be damaged or defective then the Company will be entitled to return the Goods to the Customer at the Customer's sole expense. Software programs are supplied on the strict understanding that the Company does not warrant their function to be free from defects or error. This obligation will not apply:
. if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
. because the Customer did not follow the manufacturers' instructions for storage, usage, installation, use or maintenance of the Goods;
. if the Customer has failed to notify the Company of any defect in accordance with Condition 8 where the defect should have been reasonably apparent on reasonable inspection; or
. if the Customer fails to notify the Company of the defect within 12 months (or such other period as the Company shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services. Any replacement Supplies made or Goods repaired under this Condition 15 will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Company. The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any repair or replacement under this Condition 15. The Customer shall ensure that the Company's employees representatives are provided with a safe and secure working environment while at its premises and the Customer shall be responsible for isolating any computers or processors requiring repair or replacement from its network and for making back-up copies of any information on such computers or processors before the Company's arrival on site.
Except as set out in 16 (i) below and 8 above, this Condition is the Company's sole obligation and the Customer's sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.
(i) The Company does not exclude its liability to the Customer:
. For breach of the Company's obligations under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
. For personal injury or death arising as a result of the Company's negligence;
. Under section 2(3) Consumer Protection Act 1987;
. For breach of the statutory implied conditions in sections 13,14 and 15 of the Sale of Goods Act 1979 where the Customer deals as a 'consumer' as defined in the Unfair Contract Terms Act 1997;
. For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
. For fraud, including fraudulent misrepresentation
And nothing in these Conditions shall affect the statutory rights of a Customer who deals as a consumer as defined in the Unfair Contracts Terms Act 1997 (ii) Except as provided in Conditions 8 (inspection, defects on delivery and nondelivery), 14 (performance and fitness for purpose), 15 (Warranty and Guarantee) and this Condition 16 above, the Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
. Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company's employees, agents or sub-contractors; . Any breach by the Company of any of the express or implied terms of the Contract;
. Any use made or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies;
. Any acts or omissions of the Company at the Customer's premises;
. Any statement made or not made or advice given or not given by or on behalf of the Company; or
. Otherwise under the Contract
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions or given in accordance with Condition 14) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
Save as set out in condition 16(ii) the Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company's option, refunding monies already paid in respect of the Supplies. Each of the Company's employees, agents and subcontractors may rely on and enforce the exclusions and restrictions of liability in Conditions 8, 11, 14, 15 and 16 in that person's own name and for that person's own benefit.
12. Intellectual property rights
The Supplies in this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. In particular, without limiting the above, title in any software program forming part of the Goods is reserved to the Company and/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable. Such programs may be used only with the Goods.
The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company's prior written consent.
13. Personal data
"Personal Data" means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between the Company and the Customer including:
i. Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches, against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account and other anti-fraud or identity checks;
ii. Order fulfilment, administration, customer services, profiling the Customer's purchasing preferences, and to help to review, develop and improve the Company's business and the goods and services it offers;
iii. Direct marketing of the Company's products and services and/or of the products and services of other companies in the Epsilon Computers or third parties which the Company believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise to the extent that it is lawfully able to do so;
iv. Development of the Company's business, including its transfer to another owner;
v. Crime prevention or detection. The processing of the Personal Data may involve:
i. The disclosure of that Personal Data to the Company's service providers and agents;
ii. The disclosure of that Personal Data to other companies in the Epsilon Computers whose products and services the Company believes may be of interest to that Customer or representative;
iii. The disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Customer or representative;
Please note that the Company is required by statute to notify the TV Licensing Authority within 28 days of the sale of a television set, giving full details of the purchaser. The Customer will be deemed to have accepted that the Company can take and pass on the Customer's details to the TV Licensing Authority at the time of purchase.
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
15. Country of origin
Unless otherwise confirmed by the Company in writing, nothing in this web site is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
16. Age requirements
Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
17. Medical and life support goods
The Goods are not designed or authorised for implantation in the body or for use in life support equipment, other medical equipment or in any application or systems where the malfunction of the Goods could reasonably be expected to result in personal injury, death, severe property or environmental damage. The use or inclusion of the Company's Goods in any such equipment, systems or applications is strictly prohibited and any such use will be at the Customer's own risk. The Customer will indemnify the Company and its suppliers against any and all liability and expense (including costs) resulting from any such inclusion or use.
19. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under this Contract if the delay or failure was due to any cause beyond the Company's reasonable control which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour. The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
20. Recording of communications
The Company reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes. Customers contacting Epsilon Computers or quoting Epsilon Computers part numbers shall have been deemed to have read and accepted this provision.
21. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply. The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time. Except as set out in Condition 16, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Please note that during the "Webfree / Free Delivery" promotions the handling charge is only eligible for removal where delivery is to the main account holders registered address, or the card holders registered address. Epsilon Computers reserves the right to apply its standard charges in all other instances.
These Conditions supersede all previous issues.