This web site is owned and operated by EBIZ Systems who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details below.
Our Contact details:
34 Torbridge Road Horrabridge Yelverton Devon PL20 7SD United Kingdom
Phone: +44 (0) 7977 298121
Email: info [at] ebizsystems [dot] co [dot] uk
|Orders and Right to Cancel|
1.1 All orders for Goods are accepted subject to the provisions of these Conditions.
1.2 EBIZ Systems website does not constitute an offer to sell and EBIZ Systems reserves the right to refuse or decline to accept any order.
1.3 The delivery to EBIZ Systems of an order constitutes acceptance by the Customer of these Conditions and, specifically, that any representations about the Goods or variation to the Conditions shall be of no effect unless expressly agreed in writing and signed by a partner of EBIZ Systems.
1.4 No Contract exists between the Customer and EBIZ Systems for the sale of any Goods until EBIZ Systems has received and accepted the Customers order and sent confirmation of acceptance to the Customer. The Goods are subject to availability. If EBIZ Systems cannot deliver the Goods within an agreed time limit, EBIZ Systems shall have the right to cancel the order and have any sums paid returned to the Customer (see 1.8).
1.5 If the Customer enters into the Contract as a consumer (as opposed to a business) and the Contract is concluded over the internet, by digital television, mail order, phone or fax the Customer has the right to cancel the Contract at any time up to the end of seven working days after the Goods are received and the provisions of Conditions 1.5 to 1.9 (inclusive) apply, but not otherwise. A working day is any day other than weekends and bank or other public holidays. There is no right to cancel the Contract if the order is for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. EBIZ Systems will notify the Customer at the time the order is accepted if this applies.
1.6 To exercise the right of cancellation, the Customer must give written notice to EBIZ Systems by hand or post, fax or email, at the address, fax number or email address provided, giving details of the Goods ordered and (where appropriate) their delivery.
1.7 If the right of cancellation is exercised after the Goods have been delivered, the Customer will be responsible for returning the Goods to EBIZ Systems at its own cost. The Goods must be returned to the address shown below and the Customer must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
1.8 Once EBIZ Systems has been notified the Customer is cancelling the contract, EBIZ Systems will refund or re-credit the Customer within 30 days for any sum that has been paid by the Customer for the Goods.
1.9 If the Goods are not returned as required, EBIZ Systems may charge the Customer a sum not exceeding the direct costs of recovering the Goods.
1.10 Where goods are supplied on a renewable contract basis, a minimum notice period of 30 days shall be given to the Customer by EBIZ Systems to inform of the renewal date, normally by means of invoice for which the invoice date is the contract renewal date.
1.11 Where goods are supplied on a renewable contract basis, to exercise the right of cancellation, the Customer is required to give a minimum of 14 days written notice to EBIZ Systems by hand or post, fax or email, at the address, fax number or email address provided giving details of the contract to be discontinued.
2.1 Delivery of the Goods shall be made by EBIZ Systems' own means within the United Kingdom & Ireland. Outside of this area delivery shall be made by the Customer collecting them at EBIZ Systems' place of business or, if some other place of delivery is agreed in writing, by EBIZ Systems delivering the Goods to that place.
2.2 Where delivery is to take place by the Customer collecting the Goods from EBIZ Systems' place of business, the Customer must collect the Goods within 10 days of EBIZ Systems notifying the Customer that the Goods are ready for collection.
2.3 Any dates specified by EBIZ Systems for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
2.4 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or EBIZ Systems is unable to deliver the Goods on time because the Customer has not provided adequate delivery instructions then:
2.4.1 risk in the Goods shall pass to the Customer (including for loss or damage caused by EBIZ Systems' negligence);
2.4.2 the Goods will be deemed to have been delivered; and
2.4.3 EBIZ Systems may store the Goods until actual delivery to the Customer where upon the Customer shall be liable for any costs and expenses incurred (including, without limitation, insurance and storage)
2.5 EBIZ Systems reserves the right to deliver the Goods by split deliveries, in which event each delivery shall be deemed to constitute a separate contract. No failure by EBIZ Systems in respect of any one or more split deliveries shall vitiate the Contract or Contracts in respect of previous deliveries.
3.1 EBIZ Systems reserve the right to alter the price of any item at any time and, in the event of such alteration, the price will be notified to the Customer in the invoice. All goods will be invoiced at the price ruling at time of delivery.
3.2 Payment of the Price together with any VAT applicable, at the rate prevailing on the date of EBIZ Systems' invoice, and any packing, loading and unloading, carriage and insurance charges shall be due prior to delivery unless credit has been authorised by EBIZ Systems
3.3 Where credit for the Customer has been authorised by EBIZ Systems, payment shall be due within 30 days of the date of invoice, and time for payment shall be of the essence.
3.4 EBIZ Systems reserves the right to withhold deliveries until any outstanding payments under any other Contract between EBIZ Systems and the Customer have been received.
3.5 EBIZ Systems shall be entitled to interest on any overdue invoices at a rate of 10% over the Bank of England base rate from time to time in force such interest to accrue on a daily basis after as well as before any judgement. Where the Customer is a business EBIZ Systems shall be entitled to the right to reasonable compensation for debt recovery costs incurred as a result of late payment and (without prejudice to Conditions 1.1 and 1.3 above where a Court determines that the Contract is governed by the Customer's terms of business) the right to challenge the imposition of grossly unfair terms and conditions where these undermine the terms of The Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
3.6 When an order is placed at our website, payment is taken via an approved payment service provider. Credit card numbers are encrypted using 128 bit encryption and are not held in clear text on any web site.
|Title and Risk|
4.1 Subject to Condition 2.4.1 risk in the Goods shall pass to the Customer when the Goods are delivered to, or collected by, the Customer or its agents.
4.2 Save in the case of Contracts entered into with Customers not acting in the course of a trade or business and notwithstanding the provisions of Condition 4.1 title to the Goods shall remain with EBIZ Systems until payment of all sums due to it in respect of the Goods and all other sums which are or which become due to EBIZ Systems from the Customer is received in full in cash or cleared funds.
4.3 EBIZ Systems shall be entitled to recover the amounts due in accordance with clause 4.2 notwithstanding that property in any of the Goods has not passed from EBIZ Systems.
4.4 Until title passes the Customer shall hold the Goods as bailee for EBIZ Systems and shall store or mark them so that they can at all times be identified as the property of EBIZ Systems. EBIZ Systems shall be entitled at any time before title passes to repossess (without being liable for any damage caused by so doing) and use or sell all or any of the Goods and so terminate (without any liability to the Customer) the Customer's right to sell or otherwise deal in them and for that purpose or determining what if any Goods are held by the Customer and inspecting them to enter any premises of the Customer.
4.5 Should the Goods become constituents or be converted into other products before title passes to the Customer, EBIZ Systems shall have ownership and title in such other products as if they were solely and simply the Goods and all EBIZ Systems' rights hereunder shall extend to such other products.
5.1 Any complaint of non-delivery must be notified to EBIZ Systems within 4 days of notification of despatch having been sent by EBIZ Systems to the Customer.
5.2 Any complaint that any Goods delivered are not of the correct quantity or description or have been delivered in a damaged state must be notified to EBIZ Systems by telephone or fax within 24 hours of their receipt by the Customer and if required by EBIZ Systems such complaint shall be confirmed in writing within 3 days of such notification.
5.3 Any complaint of alleged defect in the Goods shall be notified to EBIZ Systems within 7 days of delivery, or in the case of any alleged defect not reasonably apparent upon delivery, then within 7 days of the date upon which the defect actually came to the notice of the Customer, or might reasonably have been expected to come to his notice, whichever is the sooner.
5.4 In respect of any complaint EBIZ Systems shall be afforded all reasonable facilities to investigate the complaint either by inspection of the Goods at the place of delivery or by requiring the Customer to return a sample of Goods complained of to EBIZ Systems forthwith on request.
5.5 No complaint under the terms of these Conditions can be considered unless clear proof is furnished to EBIZ Systems that the Goods alleged to be unsatisfactory were the Goods supplied by EBIZ Systems and that they were handled and correctly at all times following delivery by EBIZ Systems or its agents.
If you need to reach us, please email us using the link on the store page, alternatively, you can call on +44 (0) 7977 298121 (International +44 +44 (0) 7977 298121) or write to us at 34 Torbridge Road, Horrabridge, Yelverton, Devon, PL20 7SD, United Kingdom
|Extent of Liability And Warranties|
6.1 Every effort is made to ensure that goods supplied are true to type and free from defect but any warranties or conditions whether express or implied as to quality of or fitness for the purpose supplied or productivity or freedom from defect are expressly excluded.
6.2 Whilst any advice offered by EBIZ Systems is given in good faith, EBIZ Systems shall not be liable for any consequences of any technical information recommendations statements or advice given by EBIZ Systems or its staff or agents of EBIZ Systems.
6.3 Where the Customer deals as consumer within Section 12 of the Unfair Contract Terms Act 1977 the terms set out in Section 12, 14 and 15 of the Sale of Goods Act 1979 are implied into the contract.
6.4 EBIZ Systems shall, at its option replace with similar goods any Goods which do not comply with the Contract, or allow the Customer credit for the invoice value of the Goods, or to the extent that the Goods are not of EBIZ Systems' processing or development, assign to the Customer (so far as EBIZ Systems is able to do) any warranties given by the manufacturer or processor of the Goods.
6.5 Where EBIZ Systems is liable in accordance with this Condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other part or parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other part or parts of the Goods.
6.6 In no circumstance (save provided for in 6.7) shall the liability of EBIZ Systems to the Customer exceed the invoice value of the Goods.
6.7 Notwithstanding any other provision hereof EBIZ Systems does not exclude or limit its liability for death or personal injury resulting from EBIZ Systems' negligence.
EBIZ Systems shall not be responsible for delay in delivery or non-delivery of the Goods or any part thereof occasioned by any Act of God, action by any Government, strike, lock-out, other industrial action, riot or civil commotion, breakdown of machinery, power failure, fire by EBIZ Systems or on its behalf, loss and or detention at sea or any other contingency beyond its control. Should any of the Goods be rendered unfit for delivery by reason of any of the above acts or events, the Contract shall be deemed discharged.
8.1 EBIZ Systems will take all reasonable precautions to keep the details of the order and payment secure, but unless EBIZ Systems is negligent, EBIZ Systems will not be liable for unauthorised access to information supplied by the Customer.
8.2 EBIZ Systems will only use the information provided by the Customer for the purpose of fulfilling the order. EBIZ Systems would like to notify the Customer of products and offers that may be of interest to the Customer from time to time. If the Customer wishes to be included or excluded from such correspondence, wishes to correct any information about him, or wishes for any information about the Customer to be deleted, then Customer should inform by giving written notice to EBIZ Systems at the address, fax number or email address shown below.
EBIZ Systems do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
a. Take and fulfil customer orders.
b. Administer and enhance the site and service.
c. Only disclose information to third-parties for goods delivery purposes.
9.1 Your rights to return goods are protected under the EU Distance Selling Directive.
9.2 You are entitled to cancel your order and return the goods within 7 working days for a full refund, including the cost of delivery. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when we are at fault - for example, if goods are faulty or misdescribed.
9.3 Any goods returned should be in saleable condition.
9.4 These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
9.5None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
10.1 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
10.2 If any part of these Conditions is held to be unreasonable invalid or unlawful at law the Court or other competent tribunal shall have the power to strike out or override that part whether it be an entire condition or conditions or parts thereof and to enforce these Conditions as if the unreasonable, invalid or unlawful part or parts thereof aforesaid had not been included.
10.3 EBIZ Systems may change these Conditions without notice in relation to future sales.
10.4 All material contained within the EBIZ Systems website is covered by a disclaimer and protected by copyright laws.
"Conditions" means the terms and conditions of sale and purchase set out in this document and any other terms agreed in accordance with the provisions of Condition 1.3 above.
"Contract" means any contract between the Customer and EBIZ Systems for the sale and purchase of Goods, incorporating these Conditions.
"Customer" means the person who places an order for Goods.
"Goods" means any goods which are the subject of the Contract, as described in the edition of EBIZ Systems' website current at the time the Customer places an order for Goods.
"EBIZ Systems" means J A Cooper T/A EBIZ Systems of 34 Torbridge Road, Horrabridge, Yelverton, Devon, PL20 7SD.
"Price" means the price for the Goods excluding carriage, packing, insurance (if applicable) and VAT at the rate prevailing on the date of EBIZ Systems' invoice.
|Access to this Website|
Access to this website is subject to the following conditions:
Except as expressly stated in this site, no part of this website, including information, images, logos, photos, and overall appearance of the site, may be copied, republished, broadcast or reproduced in any form whatsoever without the prior written permission of the copyright holders except for your own personal or non-commercial use.
All trademarks and logos used in this website are the trademarks or logos of their respective owners.
Links to other websites
This website contains links to other websites that are operated by third parties. EBIZ Systems does not accept any liability over the content of these third party sites. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk.
Whilst all reasonable efforts have been made to ensure the accuracy of content, no responsibility can be taken for any error or omission.
Limitation of Liability
EBIZ Systems do not guarantee that access to this website will be uninterrupted, that this website will be free from viruses or that this website cannot be tampered with by third parties. This website and the information are provided on an 'as is' basis, with no warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties or any implied warranties of merchantability or fitness for a particular purpose. Use of this website and the information is entirely at the user's sole risk. In no event will EBIZ Systems be liable for any damages whatsoever arising out of or related to this website. Your sole and exclusive remedy for dissatisfaction with this website and/or information is to stop using the site and the information.
Modification of the Terms and Conditions
EBIZ Systems may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this website following any such revision's shall be deemed as acceptance of and agreement to abide by all such revisions.