Terms & Conditions

Bits From Bytes Ltd - Website Terms & Conditions of Use

All orders are accepted by Bits From Bytes Ltd subject to the Terms and Conditions of Sale set out below:

1. General

All orders are accepted by Bits From Bytes Ltd subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Bits From Bytes Ltd unless agreed in writing by an authorised signatory of Bits From Bytes Ltd or expressly stated otherwise in these terms and conditions of sale.

All descriptions of the products on the Bits From Bytes Ltd website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Bits From Bytes Ltd and the Customer. Bits From Bytes Ltd shall not be liable to the Customer for any errors or omissions in its descriptions. The advertising of products on the Bits From Bytes Ltd website is not an offer capable of acceptance, it merely constitutes an invitation by Bits From Bytes Ltd for the Customer to make an offer to purchase products and services.

Nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

2. Prices

The prices of the products are as set out on the Bits From Bytes Ltd website that is current at the date of despatch of the ordered products. All prices exclude VAT, which Bits From Bytes Ltd will add at the rate applicable at the date of payment. Bits From Bytes Ltd reserves the right to change prices without prior notice at any time.

3. Ordering

Bits From Bytes Ltd reserves the right to decline to trade with any company or person. In addition, Bits From Bytes Ltd may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile or e-mail within a reasonable period of receipt by Bits From Bytes Ltd of the order.

Bits From Bytes Ltd executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version.

The Customer must submit orders using the Bits From Bytes Ltd website and must specify which delivery option is required. Telephone, fax and postal orders will not be accepted. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.

4. Delivery

Bits From Bytes Ltd will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the Bits From Bytes Ltd website on placement of the order. Delivery will be made to the Customer's chosen address as supplied during the ordering process, unless otherwise agreed in writing.

Times and dates for delivery quoted on the Bits From Bytes Ltd website or by Bits From Bytes Ltd employees are approximate only and Bits From Bytes Ltd shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.

If any delivery is late, the Customer must notify Bits From Bytes Ltd, and Bits From Bytes Ltd will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. Bits From Bytes Ltd may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable Bits From Bytes Ltd may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

5. Inspection, Delivery Delays and Non-Delivery

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery or, in the case of clause 4, the due date for delivery, give notice to Bits From Bytes Ltd in detail of:

1. Any defect in the product that is apparent on reasonable examination. In this case Bits From Bytes Ltd shall, at Bits From Bytes Ltd's discretion, replace the products or refund the purchase price. In any event the Customer must sign for parcels delivered as "damaged" and retain all packaging.

2. Any shortfall in products delivered. In this case Bits From Bytes Ltd shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;

3. Any delivery of products not in accordance with the order. In this case Bits From Bytes Ltd shall, at Bits From Bytes Ltd's discretion, replace the products or refund the purchase price;

4. Any non-delivery of the products (in which case the time limit is within 7 days of the estimated despatch date). In this case Bits From Bytes Ltd shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Bits From Bytes Ltd's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Bits From Bytes Ltd shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

6. Payment

Bits From Bytes Ltd prefers payment via PayPal but may, at Bits From Bytes Ltd's discretion accept Bank Transfer payment. Where the Customer selects Purchase Order during placement of the order they must, within 7 days of placing the order, notify in writing or by e-mail Bits From Bytes Ltd of their preferred payment method. In all cases Bits From Bytes Ltd will not dispatch goods until funds have cleared to cover the purchased goods and their shipping.

7. Risk and Ownership

Delivery occurs Ex Works on the actual shipping date and title and risk of loss or damage to the products is transferred to the Customer upon shipment. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to Bits From Bytes Ltd has been made (in cash or cleared funds). If the Customer is late in paying any sum to Bits From Bytes Ltd, then Bits From Bytes Ltd shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Bits From Bytes Ltd and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Bits From Bytes Ltd shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Bits From Bytes Ltd 's right to sue for the whole of the price.

8. Product and Availability Information

Bits From Bytes Ltd reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place at any time.

Unless otherwise confirmed, nothing on the Bits From Bytes Ltd website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

9. Warranty

For products purchased from Bits From Bytes Ltd: Bits From Bytes Ltd warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Bits From Bytes Ltd within 12 months of the original date of despatch, or such other longer period as may be indicated by Bits From Bytes Ltd for specific products from time to time in writing.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Bits From Bytes Ltd. The Customer must return or dispose of the products, or make them available for collection by Bits From Bytes Ltd, in accordance with Bits From Bytes Ltd 's instructions and suitably packaged.

The Customer must contact Bits From Bytes Ltd to notify Bits From Bytes Ltd of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, Bits From Bytes Ltd may refuse such products and return them to the Customer at the cost of the Customer.

Any products which are replaced by Bits From Bytes Ltd shall become the property of Bits From Bytes Ltd. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

The remedies set out above shall be Bits From Bytes Ltd 's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products.

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Bits From Bytes Ltd will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Bits From Bytes Ltd by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

10. Limitations of Use

Products sold by Bits From Bytes Ltd are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

11. Liability

Bits From Bytes Ltd shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.

Bits From Bytes Ltd shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Bits From Bytes Ltd and the Customer, or of any order accepted by Bits From Bytes Ltd; (ii) any duty of any kind imposed on Bits From Bytes Ltd by law arising out of or in relation to the contract between Bits From Bytes Ltd and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11, any liability attaches to Bits From Bytes Ltd, Bits From Bytes Ltd's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between Bits From Bytes Ltd and the Customer, or of any order accepted by Bits From Bytes Ltd; (ii) any duty of any kind imposed on Bits From Bytes Ltd by law arising out of or in relation to the contract between Bits From Bytes Ltd and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater.

Nothing in these terms and conditions of sale (including without limitation this clause 12) shall exclude or limit the liability of Bits From Bytes Ltd for death or personal injury caused by the negligence of Bits From Bytes Ltd or its employees, agents or sub-contractors, or for fraud.

12. Cancellations and Returns

The Customer may cancel orders within 7 days of placing the order. Bits From Bytes Ltd may, at its discretion and in writing, allow an order to be cancelled after this period subject to Bits From Bytes Ltd recovering from the Customer the costs incurred by Bits From Bytes Ltd. In the event of cancellation of part of any order only, Bits From Bytes Ltd may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

The customer may only return products to Bits From Bytes Ltd, and receive a credit or refund, on the following conditions:

The Customer must contact Bits From Bytes Ltd prior to the return of any products and obtain the prior consent of Bits From Bytes Ltd and obtain a returns number (to be quoted on all returned paperwork);

Return must be made within 7 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Bits From Bytes Ltd in their original condition and unopened packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to Bits From Bytes Ltd adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, Bits From Bytes Ltd, Unit 17 Hither Green Industrial Estate, Clevedon, North Somerset, BS21 6XU, UK;

The Customer must follow any specific instructions given by Bits From Bytes Ltd; and

For products returned due to Customer error or no longer required and returned in accordance with 1 - 3 above a handling charge may be applied.

Where the Customer returns products to Bits From Bytes Ltd not in accordance with 1 - 3 above (for example, after 7 days from the date of despatch or not in original and unopened packaging or in an unfit state) Bits From Bytes Ltd may refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.

Bits From Bytes Ltd accepts no responsibility for any loss of or damage to products in transit from Customer to Bits From Bytes Ltd or for any items received by Bits From Bytes Ltd with them.

13. Force Majeure

A force majeure event is any event beyond the reasonable control of Bits From Bytes Ltd (including strikes, traffic congestion, the downtime of any external line, or Bits From Bytes Ltd's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Bits From Bytes Ltd is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Bits From Bytes Ltd shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Bits From Bytes Ltd may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

14. Rights in the website

The Customer acknowledges that Bits From Bytes Ltd and its licensors own the intellectual property rights in the Bits From Bytes Ltd websites, the website content and the stock numbers, and that their whole or partial reproduction without Bits From Bytes Ltd's prior written consent is prohibited.

15. Data Protection and Customer Information

Bits From Bytes Ltd will abide by the terms of the Data Protection Act 1998. In addition Bits From Bytes Ltd will not disclose the Customer's details to any other organisation or individual except for the purpose of proper fulfilment of orders.

Bits From Bytes Ltd may send to the Customer details of other products and services offered by Bits From Bytes Ltd that may interest the Customer. If the Customer does not want to receive details of these offers then they should contact the Bits From Bytes Ltd Marketing Department either in writing at Bits From Bytes Ltd, Unit 17 Hither Green Industrial Estate, Clevedon, North Somerset, BS21 6XU, UK, by fax on +44 (0) 117 315 0457, by telephone on +44 (0) 1275 873792 or by e-mail at [email protected].

16. Law and Jurisdiction

The contract between Bits From Bytes Ltd and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but Bits From Bytes Ltd may enforce the contract in any court of competent jurisdiction.