t is your responsibility to read these Terms and Conditions of Business carefully before placing an Order with Modcharger. YOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 9 LIMITATION OF LIABILITY. By placing an Order with Modcharger you agree to be legally bound by these Terms and Conditions of Business. Please note that Modchargerhas the right to modify these Terms and Conditions of Business and it is your responsibility to ensure you review them periodically.
By viewing or using modcharger.co.uk you agree to be legally bound by these Terms and Conditions of Business as they may be modified and posted on our website from time to time.
1. DEFINITIONS
1.1 “Seller” means Modcharger, (in these Terms and Conditions of Business also means (”modcharger.co.uk”) whose office is at 119 Doeford Close, Culcheth, Warrington, Cheshire, WA3 4DP.
1.2 “Buyer” means the person whose name is printed on the Order.
1.3 “Contract” means the Order and Order Confirmation (incorporating any Special Conditions)
1.4 “Faulty” means containing a fault or defect
1.5 “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
1.6 “Order” means the Buyer’s order for Goods
1.7 “Order Confirmation” means the Seller’s written confirmation pursuant to Condition 4.2.
1.8 “Price” means the price together with postage and packing in force at the date and time of the Order.
1.9 “Special Conditions” any conditions in relation to Orders set out and designated as such in the Order Confirmation.
1.10 “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
2. INTERPRETATION
2.1 Headings in these Terms and Conditions of Business shall not affect their interpretation.
2.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.4 A reference to writing or written includes e-mail if sent to sales@modcharger.co.uk.
2.5 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2.6 If any term or provision in these Terms and Conditions of Business is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Terms and Conditions of Business in its entirety, and the remainder of the Terms and Conditions of Business shall survive with the said offending provision eliminated.
3. APPLICATION OF TERMS AND CONDITIONS
3.1 These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
3.2 Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Buyer.
3.3 The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
4. ORDERS AND SPECIFICATIONS
4.1 All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
4.2 The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
4.3 The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence.
4.4 The Seller endeavours to display and describe as accurately as possible the Goods which appear on its website, but cannot undertake to give any assurance that the Goods supplied will exactly match those displayed.
5. PAYMENT
5.1 All Prices stated include UK VAT at 20% if applicable. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
5.2 Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
5.3 The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered.
6. DELIVERY
6.1 The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
6.2 The Seller will use reasonable endeavours to process the Order and manufacture the Goods within the time agreed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract.
6.3 The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
6.4 The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments.
6.5 If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
6.6 Goods may not be returned to the Seller except as provided in Condition 8 below.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
7.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
8 REFUNDS
8.1 The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
8.1.1 if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
8.1.2 in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
8.2 Notice of the wish to cancel must be made by giving the Seller notice in writing.
8.3 For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
8.4 In the case of cancellation under Condition 8.1 above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
8.5 All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
9. LIMITATION OF LIABILITY
9.1 This condition sets out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Buyer in respect of:
9.1.1 any breach of the Contract;
9.1.2 any use made by the Buyer of the Goods; and
9.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2 Subject always to Condition 13, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Terms and Conditions of Business limits or excludes the liability of the Seller:
9.3.1 for death or personal injury resulting from negligence; or
9.3.2 for any damage or liability incurred by the Buyer as a result of fraud or fraudulent misrepresentation by the Seller; or
9.4 Subject to Condition 9.2 and Condition 9.3 the Seller shall not be liable for:
9.4.1 loss of profits; or
9.4.2 loss of business; or
9.4.3 depletion of goodwill and/or similar losses; or
9.4.4 loss of anticipated savings; or
9.4.5 loss of goods; or
9.4.6 loss of contract; or
9.4.7 loss of use; or
9.4.8 loss of corruption of data or information; or
9.4.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
9.5 The Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Services.
9.6 The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 8.1. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price).
9.7 It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other any party associated with the Buyer for any direct, indirect, special or other consequential damages for any use of the modcharger.co.uk website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
10. INTELLECTUAL PROPERTY
10.1 modcharger.co.uk and modcharger.com is owned and operated by the Seller. Unless otherwise noted, the Seller owns the copyright with respect to all content on modcharger.co.uk. Content includes: text, graphics, logos, audio clips, trade marks, software server information, and anything else hosted on modcharger.co.uk. All rights to content, services, and server information are reserved. Any modification made to the content of modcharger.co.uk by a third party is a violation of the Seller’s copyright. Additionally, modcharger.co.uk may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
10.2 Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website.
10.3 The Buyer agrees that it shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith any Order received from a Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party.
11. FORCE MAJEURE
11.1 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
12. NOTICE
12.1 Any notice given or made under the Contract must be in writing
12.2 This Condition 12 will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
13. STATUTORY RIGHTS
13.1 It is agreed that nothing in these Terms and Conditions of Business shall affect the rights of consumers.
14. THIRD PARTY RIGHTS
14.1 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15. GENERAL AND MISCELLANEOUS
15.1 Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the modcharger.co.uk website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
15.2 Information on the modcharger.co.uk website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the modcharger.co.uk website is accurate, complete, reliable, current, or error-free.
15.3 A link to the modcharger.co.uk website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
15.4 The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Terms and Conditions of Business.
16 GOVERNING LAW AND JURISDICTION
16.1 The Contract shall be governed by and construed in accordance with English law.
16.2 The parties irrevocably agree that the courts of England are to have exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
