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Terms & Conditions

Terms & Conditions

MacRefresh Limited 

Online Consumer Goods Terms & Conditions

OUR TERMS

1.  THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply goods (‘products’) to you, the consumer (i.e. an individual). If you are not a consumer, these terms do not apply to you.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

 

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in blue and those specific to businesses only are in red.

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

2.  INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are Macrefresh Limited whose trading names are Macbank and CreatePro, a company registered in England and Wales. Our company registration number is 07409622 and our registered office is at Unit 81, Centaur Court, Claydon Business Park, Great Blakenham, Ipswich, IP6 0NL. Our registered VAT number is GB 183724883.

2.2  How to contact us. You can contact us by telephoning our customer service team at 01473 551221 or by writing to us at support@macrefresh.co.uk or 3 Riverside Park, Rapier Street, Ipswich, IP2 8JX.

 

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3.  OUR CONTRACT WITH YOU

3.1  How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You must ensure that all details provided by you are complete and accurate and inform us immediately of any errors, particularly where any products are made to your special requirements. 

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

3.3 Quotations. Any quotation provided by us is valid for a maximum period of 30 days from its date of issue, unless we expressly withdraw it at any time beforehand.

3.4  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

4.  OUR PRODUCTS

 

4.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only and there may be small discrepancies in the size, colour and condition of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4.3  Making sure your measurements and/or specifications are accurate. If we are making the product to measurements and/or specifications you have given us you are responsible for ensuring that these measurements are correct. 

5.  YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

6.  OUR RIGHTS TO MAKE CHANGES

6.1  Minor changes to the products. We may change the product:

(a)  to reflect changes in relevant laws and regulatory requirements; and 

 

(b)  to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

 

6.2  More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

 

(a)  System Model

(b)  Random Access Memory

(c)  Storage Drive(s)

(d)  Graphics Card(s)

(e)  Processor

(f)  Input And Output Interface(s)

 

7.  PROVIDING THE PRODUCTS

7.1  Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2  When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You must, where reasonably practicable, examine the Products before accepting them. You agree that we may have to deliver the products in instalments, for instance if we suffer a shortage of stock or other genuine reason. 

 

7.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4  If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot or a neighbour (if left with them). 

7.5  If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply. 

 

7.6  When you become responsible for the product. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

 

7.7  When you own goods. You own a product once we have received payment in full.

 

7.8  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, full name, email address, contact number, payment information and full address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

7.9  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

 

(a)  deal with technical problems or make minor technical changes;

 

(b)  update the product to reflect changes in relevant laws and regulatory requirements;

 

(c)  make changes to the product as requested by you or notified by us to you (see Clause 6).

(d)  investigate triggered fraud filters or procedures. 

 

7.10  Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

 

7.11  We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 14.5).

 

8.  YOUR RIGHTS TO END THE CONTRACT

8.1  You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 11;

 

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.3;

 

(c)  If you are a consumer and have just changed your mind about the product, see Clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

 

(d)  In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.7.

 

8.2 Products forming part of a commercial unit. If any products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the product or the character of the unit) you cannot cancel or reject the order for one or more products without also cancelling or rejecting the order for the remaining products. 

8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

 

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

 

(b)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

 

(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

 

(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)  you have a legal right to end the contract because of something we have done wrong.

8.4  Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

8.5  When consumers don’t have the right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

 

(a)  products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

 

(b)  sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

 

(c)  any products which become mixed inseparably with other items after their delivery.

8.6  How long do consumers have to change their minds? If you are a consumer how long you have depends on how it is delivered.

 

You have 14 days after the day you (or someone you nominate) receives the Product, unless:

 

(i)  Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

 

(ii)  Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

 

8.7  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. 

 

9.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on 01473 551221 or email us at support@macrefresh.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

(b)  Online. Complete the order cancellation form on our website.

 

(c)  By post. Print off the order cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

 

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person or post them back to us at 3 Riverside Park, Rapier Street, Ipswich, IP2 8JX. Please call customer services on 01473 551221 or email us at support@macrefresh.co.uk for a return label or to arrange the return of the products in person. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 

9.3  When we will pay the costs of return. We will pay the costs of return:

 

(a)  if the products are faulty or misdescribed; or 

 

(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;  

 

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

 

9.4  How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

9.5  When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

 

(a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

 

(b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.6  When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

 

(a)  If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

 

(b)  In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

 

10.  OUR RIGHTS TO END THE CONTRACT

10.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

 

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, full name, email address, contact number, payment information and full address;

(c)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

 10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

10.3  We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11.  IF THERE IS A PROBLEM WITH THE PRODUCT

11.1  How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01473 551221 or write to us at 3 Riverside Park, Rapier Street, Ipswich, IP2 8JX or email us at support@macrefresh.co.uk. Please provide as many details as possible including your order number as well as a picture if there is something wrong with one of our products. You will be provided with a RMA number by our support team. You must ensure that the RMA number is clearly stated on the package containing your returned products, along with your name and postal address. We cannot process your refund without these details. 

12.  YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1  Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. If your product is goods, for example a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.

 

12.2  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to us or post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Where collections are arranged by us, you must still ensure that the products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of our products, we recommend original packaging is used. If this is not available, new speciality packaging can be ordered from us. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the product. Please call customer services on 01473 551221 or email us at support@macrefresh.co.uk for a return label or to arrange collection.

 

13.  YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1  If you are a business customer we warrant that on delivery any products which are goods shall:

(a)  conform in all material respects with their description and any relevant specification;

 

(b)  be free from material defects in design, material and workmanship;

 

(c)  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d)  Be fit for any purpose held out by us.

13.2  Subject to Clause 13.3, if:

 

(a)  you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 13.1;

 

(b)  we are given a reasonable opportunity of examining such product; and

 

(c)  you return such product to us at our cost,

 

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3  We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:

 

(a)  you make any further use of such product after giving a notice in accordance with Clause 13.2(a);

 

(b)  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

 

(c)  the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

 

(d)  you alter or repair the product without our written consent; or

 

(e)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4  Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.

13.5  These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.

14.  PRICE AND PAYMENT

14.1  Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. For those customers who are not based in the UK, we facilitate the ability for you to enter a valid VAT number on checkout, thereby allowing for VAT to be deducted from the price of the product. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order. 

14.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

14.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

14.4  When you must pay and how you must pay. We accept payment with Maestro, Master Card, Visa, Visa Electron, PayPal and Bank Transfer. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

14.5  Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

14.7  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

15.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER 

15.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 

 

15.3  If products which we have supplied damages a device or digital content belonging to you. If this happens and is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

 

15.4  We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1 Nothing in these terms shall limit or exclude our liability for:

(a)  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

 

(b)  fraud or fraudulent misrepresentation;

 

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 

 

(d)  defective products under the Consumer Protection Act 1987; or

 

(e)  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

16.2  Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3  Subject to Clause 16.1:

(a)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under the contract between us.

17.  HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.

18. PRODUCT WARRANTY 

18.1 Warranty information. Full details of the different levels of warranty available to you when purchasing a product from us are available here. 

18.2 Free Standard Warranty. All refurbished equipment that MacRefresh Ltd sell is covered by our Standard Warranty. The length of your warranty is available on the product information page and is also explicitly referenced on delivery paperwork. Should you encounter any hardware problems, please contact our Technical Support team by either calling +44 (0) 1473 551221 or by emailing support@macrefresh.co.uk. Please have your item serial number and your Invoice or Order Reference number to hand when calling or include these details in any email correspondence. Under this warranty, MacRefresh Ltd will either repair, give a replacement of equivalent quality or refund the buyer for any goods found to be defective by reason of faulty materials or by poor workmanship, provided that: You must first obtain a returns reference number by calling Technical Support. Goods returned without a valid returns number will be rejected. 

18.3 What the standard warranty covers. Our Standard Warranty warrants the machine to the purchaser, against defects in materials and workmanship for the period advertised on each individual machine, beginning on the date of purchase by the customer. Under a return to base warranty, the purchaser is responsible for the cost of shipping the machine to us, and the packaging of the machine. We are not liable if the machine is improperly packed resulting in damage during transit. Please retain all the packaging together with any additional enclosures, manuals, software, as this will assist in returning the product in the correct packaging. The warranty covers the hardware, and we will rectify the fault within a reasonable amount of time from the point it is agreed the machine has a hardware fault with our Technical Support team. Consumables such as batteries, ink, blank discs are not covered under this warranty. Your warranty covers parts and labour from the date of purchase until the expiry of the warranty, the length of your warranty is available on the product information page. All repairs and replacements will carry a 90 days warranty, or the original warranty balance, whichever is greater. We reserve the right to replace discontinued products that are still under warranty with the nearest equivalent specification product. Battery service is available on applicable systems for 90 days from the date of purchase. Battery service is not available on systems where it is deemed a service is required due to over usage. We reserve the right to repair or replace any faulty components. Faulty goods may be replaced with factory-refurbished products.

18.4 What the Standard Warranty does not cover. The Standard Warranty covers only those defects which arise as a result of normal use of the product, and does not apply to any:

(a) Improper & inadequate maintenance or modification; 

(b) Repairs carried out by non-authorised persons. Damage caused by lack of ESD protection; 

(c) Software, interfacing, media, parts, or supplies not provided or supported by MacRefresh Ltd; 

(d) Operation outside the product specifications; 

(e) Physical damage, accidental damage, neglect, or user abuse; 

(f) Normal wear and tear; or 

(g) Consumables i.e. batteries, ink cartridges, CD media, viruses or malicious software.

18.5 You may be charged if no fault is found or there are other reasons for defects. You may be charged a no-fault-found charge if there is no fault found or the problem has been caused by third party software, user error or physical damage and any of the reasons stated in Clause 15.4. You will be emailed and phoned to confirm this charge within 7 days of the item being tested, you will also be charged return carriage for return of your goods.

18.6 Your warranty and software. Software, purchased separately, will be supported by the manufacturer of that software and not under this warranty. We will not support or re-install software that we have provided pre-installed on the system, we will also not support third party software.

18.7 Refunds or compensation are not payable in certain circumstances. No refunds or compensation are payable due to system failure, loss of data, loss of business, repairs or delays in repairs.

18.8 Circumstances in which your warranty may be voided. The warranty is void if there is any attempt made to repair the system by a non-authorised third party, or if the system is inadequately or improperly maintained or modified or if there are any outstanding charges. If the end user wants to upgrade, please contact the Technical Support department prior to upgrading for authorisation to break any warranty seals.

18.9 The Standard Warranty is non-transferable. The Standard Warranty applies to the original purchaser of the machine only and is non-transferable. The warranty available under the optional Protection Plan is transferable. 

19.  OTHER IMPORTANT TERMS

19.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

19.2  You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

 

19.3  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.  

 

19.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

19.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

19.6  Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

19.7  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

 

THE SCHEDULE

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

 

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate

 

© Crown copyright 2013.

 

END OF DOCUMENT