Terms & Conditions

1General

In these conditions: "you" means the person submitting an order for Products; "Goods" means computer equipment and/or other equipment to be supplied; "Products" means Goods and/or Software; "Software" means the computer programs to be supplied.

The contract for supply of Products will be formed upon our written acceptance of your order. We only agree to sell products subject to their availability; the contract may be cancelled by us in writing without liability if products cannot within a reasonable period be acquired by us for resale.

We may carry out a credit check prior to accepting any order. These conditions may only be modified by a written variation signed by one of our directors. These conditions together with any matters referred to on our quotation or order acknowledgement embody the entire understanding of the parties and supersede all prior promises, representations or undertakings.

2Warranty

We warrant that goods will at the time of delivery be free from defects in workmanship and materials and correspond in all material respects with the relevant product specification. We guarantee that the Goods (excl. 3rd Party Products) will be free from defects for 12 months from delivery.

If any goods do not conform to this warranty, we will at our option either remedy the defect, replace the defective Goods, or refund the price of the defective Goods. This remedy is only available on condition that:

• You notify us in writing of any defects within 7 days
• Defective Goods are returned to us within 7 days of written notification
• Our examination discloses that the defect has not been caused by misuse, neglect, failure or inadequate maintenance, accident, improper storage, installation, or repair by a third party

Items offered with a 36-month warranty will be covered for the first 12 months per the above; the remaining 24 months cover labour costs only, and postage costs will not be covered after the initial 12 months. Items covered by a 3rd Party Manufacturer's Warranty may have separate conditions.

Goods returned must bear a Return Merchandise Authorisation (RMA) number clearly visible on the exterior, obtained from us prior to return. We will not accept liability for Goods returned without this number. We may levy a repackaging fee for items returned in a poorly packaged state.

Software is subject to the terms of the manufacturer's licence. We cannot accept liability for any defect or error in software other than where caused by our negligence or default.

3Limitation of Liability

Nothing in these conditions affects the statutory rights of a consumer as defined under the Unfair Contract Terms Act 1977. All conditions, warranties or representations not contained in these conditions and implied by statute or law are excluded or restricted to the fullest extent permitted.

We will not be liable to you for any indirect, special or consequential loss or damage, or loss of profits, arising in connection with the supply of products and related services or their use by you. We will not be liable for any loss or retrieval of data — it is your responsibility to keep adequate back-up copies of data and programs.

Our entire liability in connection with the contract will not exceed one and a half times the purchase price of the products in question.

Notwithstanding any other term, our liability is not limited in the case of: death or personal injury resulting from our negligence; or damage for which we are liable under Part 1 of the Consumer Protection Act 1987.

4 & 5Price & Payment

The price for Products will be that stated on our quotation or order acknowledgement, or if no price is stated, our list price last published on the date of dispatch. We may vary the price to the extent that our cost of acquiring or supplying Products increases between quotation and delivery, including increases in carriage, packaging, insurance, exchange rates, or changes in delivery dates, quantities or specifications requested by you.

Prices quoted are unless otherwise stated exclusive of: (a) VAT or similar taxes; (b) costs of carriage, delivery, packaging and insurance; and (c) our handling charges — all of which will be added and invoiced at the appropriate rates.

Unless otherwise agreed in writing, you must pay for Products prior to their dispatch. Where products are supplied on credit terms granted at our discretion, payment is due within 21 days of our invoice date.

Where payment is not made by its due date, we may charge statutory interest on the outstanding amount on a day-to-day basis, and withhold further deliveries or suspend performance until satisfactory payment arrangements are established.

6Delivery & Title

Delivery of Products shall be made to the place designated in the accepted order. Delivery will be made during normal business hours. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage resulting from failure to comply with such timescale.

Risk in Products passes to you upon delivery. Title to Goods does not pass to you until full payment has been received for those goods and any other goods subject to any other contract between us. Until title passes, Goods must be stored separately and clearly identifiable as our property.

We shall repair or replace, free of charge, any Products damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 3 days of the date of delivery.

7Cancellation & Returns

Distance Selling / Consumer Contracts Regulations apply only to Consumer Buyers who have purchased goods by distance communication (telephone, order form, or online). They do not apply to Business Buyers or Consumers purchasing from our showroom. The Regulations do not apply to goods built to the Buyer's Specification where the finished product is a non-standard item, or to software that has been unsealed.

If you are a Consumer, you may cancel your purchase of Goods at any time within 14 days of receipt and receive a refund of the Price. To do so you must inform us in writing and return the Goods via a traceable means, in the same condition as received, at your own cost and risk. Postage costs will not be refunded.

We reserve the right to refuse items returned not in the same condition as delivered. We may at our discretion accept such items subject to an administration fee of 12.5%. Any service such as Fast Track Service will be non-refundable once we have commenced delivering that service.

8Force Majeure

We will not have any liability under the Contract and may cancel or reduce the volume of Products to be delivered if we are prevented from or delayed in delivering or performing by any circumstances beyond our reasonable control, including but not limited to industrial action, war, fire, prohibition or enactment of any kind, or failures or acts by our suppliers, sub-contractors, or other third parties (including your bank).

9Intellectual Property

No right of intellectual property in any Product is granted to or vested in you other than the right to use the same. You will fully indemnify us against all liabilities, costs and expenses resulting from any claim that our use of any specification provided by you infringes the rights of any third party.

10Governing Law

The Contract is governed by the laws of England and the English courts shall have non-exclusive jurisdiction to resolve any disputes arising out of or under it.

Notices required or permitted to be given under these conditions must be in writing (including by electronic mail) addressed to the relevant party at its registered office or principal place of business.

No waiver by us of any breach of the Contract is considered a waiver of any subsequent breach. If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions is not affected.

11Data Protection

Ginger6 is committed to protecting your privacy. We will only use the information we collect about you lawfully and in accordance with applicable UK data protection legislation (UK GDPR and the Data Protection Act 2018). Customer information gathered during the ordering process is used for our own internal purposes and will only be used by Ginger6 Retail Limited.

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