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Terms and Conditions of Sale, continued
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
This Agreement contains the terms and conditions that apply to the purchase you (Customer) made from HelpSaveMyComputer listed on the invoice that will be provided to you for orders for computer systems, related products, services and support sold in the United Kingdom. By accepting delivery or collection of the computer system(s), other products and or services and support described on that invoice, Customer accepts and agrees to be bound by these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH HelpSaveMyComputer, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER HelpSaveMyComputer STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on the HelpSaveMyComputer website of the update to the terms and conditions.
LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
Any Product that has had its serial number altered, defaced or removed.
Insufficient or excessive electrical supply.
Abnormal mechanical or environmental conditions.
Unauthorised disassembly, alterations, repairs or modifications.
Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or
(iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers).
HelpSaveMyComputer and the provider of the Limited Hardware Warranty shall not be liable for:
Loss of data during the use or attempted use of the Product or any of our or our affiliated companies’ service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process.
Damage to other products, including but not limited to personal computers, used with the Product.
Third party charges and costs incurred by You for troubleshooting, removing, servicing, repairing or installing any Product(s) or Software or third party-branded products or software.
Damage resulting from a third party-branded product or software that causes the Product to fail.
Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).
Any period of time the Product is at the service centre or in transit.
The Limited Hardware Warranty may give Customer specific legal rights. Customer may also have other rights, which vary from city to city and country to country. The terms of the Limited Hardware Warranty generally do not exclude such rights. Some cities and countries disallow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages or the exclusion of liability for injury (including death) caused by negligence, so the above limitations or exclusions may not apply to Customer depending on the relevant jurisdiction. Please refer to any Limited Hardware Warranty or other warranty documentation accompanying Your Product for more specific terms and conditions.
In the event of any conflict with the terms of this policy, the terms of the Limited Hardware Warranty or other warranty document accompanying Your Product shall govern.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, HelpSaveMyComputer DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL HelpSaveMyComputer BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL HelpSaveMyComputer's LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
DOA POLICY
Any new, unused, unsold, undamaged product that has been proven to be defective within 7 days of the invoice date shall be deemed as defective-on-arrival ("DOA"), subject to verification by HelpSaveMyComputer. DOA products MUST be claimed with HelpSaveMyComputer within 7 days of the invoice date. HelpSaveMyComputer reserves the right to repair, exchange or issue credit to Customer on DOA product.
DATA PROTECTION
HelpSaveMyComputer receives website orders and payments via a secure server. HelpSaveMyComputer will take all reasonable precautions to keep the details of Customer’s order and payment secure. HelpSaveMyComputer will only use the personally identifiable information Customer provides for the purpose of fulfilling an order.
HelpSaveMyComputer strives to adhere to the ‘Data Protection Best Practice’ as recommended by the Information Commissioner’s Office – see www.ico.gov.uk
JURISDICTION AND VENUE
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions. These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
MISCELLANEOUS
HelpSaveMyComputer may amend any terms and conditions at any time and they take effect upon posting on HelpSaveMyComputer’s website. This document sets forth the entire and final understanding of Customer and HelpSaveMyComputer pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. HelpSaveMyComputer’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
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