(Updated 18th September 2010)
'Contract ' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
'Goods ' means an individual product or good as described in our literature or website.
'Order ' means an order for Goods or Services made by you in accordance with these Terms.
'Order Confirmation ' means our acceptance of your Order after checks on the order to make it legitimate (No confirmation is received, Order will show awaiting dispatch) .
'Services ' means service and support provided by us to you.
'Working Day ' means Monday to Friday, excluding Bank or other Public holidays.
'We ' / 'Us ' / 'Our ' means iServo (JSK).
2.1 Nothing in these Terms affects your statutory rights as a consumer
2.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
2.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
2.4 When you buy iServo 's China Direct products please read the additional information provided with regards to China Direct products as this information will provide you with full details regarding these products.
2.6 If you have any complaints with the Goods or Services provided by us please contact Customer Services by e-mail to email@example.com or phone 0845 867 5505.
2.7 Images are for illustrative purposes only
3.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion.
3.2 Products marked China Direct are subject to acceptance in accordance with separate terms and conditions. To view these terms click here.
3.3 We will send you an Order Acknowledgement / Invoice on receipt of your Order. This is not an Order Confirmation or order acceptance by us.
3.4 We will accept your offer / order once we have confirmed availability of the Goods or Services, verified your credit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods or Services.
3.5 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order updates. You should notify us as soon as you become aware of any such discrepancy.
3.6 If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality, if no alternative Goods of equal or superior quality are available we will refund you. Any such changes will be detailed in the Order updates. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including shipping charges. This shall be your sole remedy.
3.7 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.
When you place an order with us, you are undertaking to us that:
(a) all details you provide to us for the purpose of purchasing Goods or Services are correct, and
(b) the credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it,
and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.
4. PRICES AND PAYMENT
4.1 Goods and Services, are invoiced at the price prevailing at the time of your Order.
4.2 We reserve the right to vary our prices from time to time.
4.3 When you checkout an Order, you will be notified of any additional costs including shipping and handling costs or insurance.
4.4 We will not supply Goods or Services to you until payment has been received in full.
4.5 Payment for Goods to be delivered on the UK mainland may be made by Visa, MasterCard, Maestro, American Express or PayPal or Google Checkout or Money Brookers or PayOffline (All payments will be taken upfront excluding PayOffline)
5. DELIVERY, TITLE AND RISK
5.1 Unless we agree otherwise with you, then we will ensure that Goods are dispatched to you no later than 2 working day from your order update expected dispatch date. If we cannot dispatch Goods to you within 2 working days of your expected delivery date, then we will give you prior notification and arrange an alternative date. If you do not agree to the alternative date, then you are entitled to cancel the Order and receive a full refund.
5.2 We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date and estimated despatch date, but we shall not accept liability for failure to deliver or dispatch within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date.
5.3 If a delay is likely, we shall contact you to advise of the delay. You are entitled to cancel an Order when advised of a delay if the revised despatch date is not acceptable to you.
5.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
5.5 If you cannot accept delivery, and the order is returned to us we will contact you to re-arrange delivery provided that you will be charge for the additional delivery costs incurred. As the error lies with the addressee for not collecting the parcel from their local depot.A return address label is attached to each Order with our returns address on it, if an order cannot be delivered the Post Office will keep it for five days, after that it will be returned to us, iServo are not responsible to re-dispatch the item to you at our expensive, we will hold the item until you pay the re-dispatch charge.
5.6 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.
5.7 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
5.8 You may request Proof of Delivery via the carriers tracking website. We shall also use reasonable endeavours to provide such proof. If you do not make such a request, or notify us in accordance with clause 4.9 then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.
5.9 You should notify us as soon as possible and in any event no later than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing, the Goods are not as specified in the Order. If you need to return any Goods, then please see our Returns policy below.
5.10 Should your Order not arrival within the given estimated delivery date. You are advised to wait 15 days working days after dispatch of the order. iServo can despatch a replacement or fully refund you if the parcel has not been delivered after 15 working days from despatch date.
6. RETURNS AND WARRANTIES
6.1 If you need to return any Goods to us from your order, then a Goods Return Merchandise Authorization (RMA) must be obtained from us for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned. And the returns will not be accepted. Once requested a RMA and once a RMA is accepted, you will be sent a RMA acknowledgement by email which will also include a instructions, including a note must be included within the packaging. The RMA must be clearly shown within each parcel returned, and must be in the original manufacturer 's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the Software seals intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
6.2 In the event that any Goods Delivered to you do not correspond with the goods in the Order, or have been Delivered to you by mistake, then you will be under a duty to take reasonable care of such Goods and to contact our Customer Services team immediately no later than 14 days. You will be asked to return the Goods, upon us receiving them you will be fully reimbursed to be supplied on a credit and recharge basis.
6.3 Address for returns of Goods
If you need to return Goods to us for whatever reason, please see the address on the back of the parcel or invoice inside. Then please obtain Return Merchandise Authorization (RMA) where an address for return will be confirmed.
Returning of goods must be in accordance with clause 5.1
6.4 Your Right to Cancel
(a) You are entitled to cancel your Order for any reason until, but no later than the end of the 7th Working Day after
the day of receipt of the Goods.
(b) You should cancel Goods purchased from us by sending a written notice of cancellation by e-mail to firstname.lastname@example.org
(c) On cancellation of an Order, you must return the Goods to us in their original condition and undamaged. When you
cancel an order, you will have to pay the carriage costs for returning the Goods to us unless we have not been able
to supply the Goods as ordered and have substituted alternative Goods. You must take reasonable care to ensure
that the Goods are properly packaged so that they will not be damaged whilst in transit.
(d) You will not be permitted to cancel a purchase for Software supplied on CD, DVD or other similar storage devices
if the Software packaging has been unwrapped or the seal has been broken.
(e) When you cancel an Order, we will refund the sub total price paid, we will not refund any postage costs, and any direct cost of
recovering the Goods (when applicable), within a period of 30 working days from the date of cancellation.
6.5 Care of Goods to be Returned
Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.
6.6 Returns of Defective Goods
(a) In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the
item’s product number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods, which are termed ‘dead on arrival’ meaning that the Goods are found to be defective either on delivery or
very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant manufacturer’s returns policy. It is your responsibility to package andsecure the Defective Goods and to return them to us.
(b) We shall at our option repair or replace such Defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such Defective Goods at the pro-rata contract rate provided that you return the Defective Goods to us with all internal and external parts that were delivered with the Goods.
(c) It is your responsibility to return the Defective Goods to us. A Return Merchandise Authorization (RMA) must be obtained from us for each and every return of Defective Goods so that we are able to administratively process your return, otherwise we have no means of identifying the Defective Goods being returned. And the returns will not be accepted. Once requested a RMA and once a RMA is accepted, you will be sent a RMA acknowledgement by email which will also include a instructions, including a note must be included within the packaging. The RMA must be clearly shown within each parcel returned.
(d) On receipt by us of the returned Defective Goods, if following the testing process the Defective Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. If, when we examine the Defective Goods, it is evident that the defect has arisen because you have failed to follow iServo’s or the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods then we reserve the right to refuse or limit any repair, replacement or refund.
(e) You should note that we adhere to individual manufacturers’ guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer’s accepted manufacturing tolerances. If you have any doubt, please contact our Customer Services. As an example, due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen.
6.7 Warranty Claims
(b) Most iServo products, carry a 12month warranty.
(b) If Goods become faulty more than 30 days after delivery then you are advised to contact us. Depending on the manufacturerand their warranty procedure you may have to return Goods to iServo or the manufacturer.
Stated in the manufacturer's documentation, all Goods willcarry a manufacturer's warranty (see clause 6.7c). If you wish to make a warranty claim, you should comply with the manufacturer 'sinstructions and warranty procedure. In order to resolve your problem as quickly as possible, iServo will either refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer, or we will deal with the faulty Goods directly working with the manufacture. This does not affect your statutory rights.
(c) You should note that certain Goods have a reduced warranty period. In particular, Goods specified as ‘refurbished’ are only subject to a 3-month warranty from the date of delivery. Your statutory rights are not affected when you purchase such Goods.
(d) Faulty Goods sent to us will be fully examined before a refund or exchange is given. See cause 6.6.
7. OUR LIABILITY
7.1 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our Goods or Services. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an Order. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or
anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the
provisions of any matter under the Terms.
7.2 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
8. FORCE MAJEURE
8.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
8.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the despatch of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
9. ERRORS & OMISSIONS
9.1 We make every effort to ensure that all prices and descriptions quoted on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error ', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
9.2 Every effort is made to ensure that all products are in full supply where available, products that are not available are normally back in stock within 2 to 10 days, subject to manufacturer availability. Out of stock items are marked on the website.
10. DATA PROTECTION
10.1 We have a full and detailed privacy statement available by clicking here which forms part of our Terms & Conditions
10.2 Website Security - iServo 's website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment and checkout details. Provided that you are using an SSL-compliant browser such as Netscape 's Navigator, Microsoft 's Internet Explorer, Opera or Firefox, you will be able to conduct encrypted transactions without fear of an intermediary obtaining your credit card information.
10.3 Data Protection & Data Security - Data is maintained under the provisions of the Data Protection Act (1998).
10.4 Information Automatically Logged - We may use your IP (Internet Protocol) address to help diagnose problems with our server and to administer our website. Your IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used for identification.
10.5 Registration and data sharing - Our site registration and Order form requires you to give us contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account reference and transaction values). This data is securely stored for use in all our marketing communications and analysis databases.
10.6 iServo will not share your information however iServo may share your information within our group JSK, which means our ultimate company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
10.8 You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
10.9 Please note that we may record and monitor inbound and outbound calls and electronic traffic for training purposes.
10.10 You will automatically receive our e-newsletter upon creating an account with us, we do not send this regular, meaning weekly or monthly, it is only sent when we feel the need. You can unsubscribe at the top of the email.
11. TRADE NAMES & TRADE MARKS
11.1 Trade names and marks are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
11.2 In the case of component purchases, if you require a particular brand of product should, then before placing an order, please check with us to confirm the identity of the manufacturer of the component that you are proposing to purchase.
11.3 Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in our sales literature and on our website.
12.1 iServo respects our customers, we give our customers a secure safe and hassle free shopping experience.
12.2Use of this site for any purpose that is unlawful, or in any manner that could exceed authorised access, damage, disable, overburden or impair the operation of this site, or any other partys use or enjoyment of this site is strictly prohibited.
12.3 Users are prohibited from violating or attempting to violate the security of the iServo web site, including accessing data not intended for such User or logging into a server or account which such User is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. iServo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.