Please read these terms and conditions carefully before ordering from The IT Bay. They detail important information including who we are, how we provide goods to you, how we and you can amend or end our sales contract and what to do in the event of a problem. You may also want to print a copy for future reference.
Business Customers and Consumers
You will have different rights depending on whether you are a business customer or a consumer. You are classed as a business customer if you are buying goods from us for use in connection with your business, trade, craft or profession. You are defined as a consumer if you are buying goods wholly or primarily for your personal use and you are buying as an individual (i.e. not on behalf of or via a business entity or an organisation).
1. Our terms
These are the terms and conditions governing our supply of products and services to you including both physical goods and virtual products including digital licenses and support contracts.
1.1. ”CONDITIONS” means our standard terms and conditions of sale set out in this document, and (unless we specifically state that it doesn’t) this includes any special conditions.
1.2. ”CONTRACT” means the contract for the purchase and sale of the goods, which is always based on and includes the Conditions.
1.3. “GOODS” means the products (including any instalment of products or any parts for them, together with any related or associated services), which we will supply to you in accordance with the Conditions and the Contract.
1.4. “SPECIAL CONDITIONS” means any extra conditions which appear in writing within an order or quotation and which form part of the Contract.
1.5. “WE, US or OUR” means Ikonic Technology Ltd (trading as The IT Bay, company number 06752963) whose registered office is at P16, Heywood Distribution Park, Pilsworth Road, Heywood, OL10 2TT.
1.6. “WEBSITE” means the website www.theitbay.com.
1.7. ”WRITING” includes all electronic forms of communication or transmission, except for notices sent to cancel or terminate a Contract which must be sent by registered post or fax (with a fax transmission confirmation sheet retained).
1.8. ”YOU or YOUR” means the person whose order for the Goods is accepted by us following the process set out in these conditions.
1.9. ‘WEEE’ means waste electrical and electronic equipment as defined in the WEEE Regulations.
1.10. ‘WEEE Regulations’ means The Waste Electrical and Electronic Regulations 2006 (SI 2006/3289)
2. Getting in touch
2.1. You can contact us via our web chat tool, by emailing our customer services team at email@example.com, calling us on 0330 174 1338 or in writing at the following address: P16, Heywood Distribution Park, Pilsworth Road, Heywood, OL10 2TT.
2.2. If we need to contact you, we may use the details you provided with your order including your phone number, email address and postal address.
3. Basis of the sale
3.1. We shall sell and you shall buy the Goods in accordance with your order (if accepted by us following the process set out in these Conditions). Your order shall always be subject to these Conditions, which shall always form the basis of Contract between you and us. Please don’t send us any of your own terms and conditions along with your order as we won’t accept an order that includes them and they won’t apply to the Contract. Any quotation or estimate we issue is indicative only and is not an offer by us which is capable of acceptance by you.
3.2. No changes to these Conditions shall have effect unless agreed in writing between authorised representatives of each of you and us. No refusal by you to conclude a Contract other than upon your own terms and conditions shall override this clause or the previous one, nor shall it prevent us from recovering the price for the Goods from you.
3.3. We may provide you with advice from time to time concerning the Goods, their use or their suitability for purposes that you may describe to us. We will take responsibility for this advice we provide to you in relation to the Goods but only to the extent that the Goods you require, your use of them and the purpose for which you use them have been accurately and fully described to us and conform to both the information you supplied to us and our advice provided to you.
3.4. Other than as described in clause 3.3, You acknowledge that (i) none of our employees, servants or agents are authorised to give any advice or make any representations or statements concerning the Goods unless confirmed by one of our authorised representatives in writing and (ii) in entering into the Contract you have not relied upon (and you agree not to make any claim for breach of) any such advice, representation or statement unless they are specifically included in writing within the Contract. Nothing in these Conditions affects the liability of either party for statements made fraudulently.
3.5. Information relating to our products or their availability contained in advertisements, catalogues, price lists, images, illustrations or other similar material that we submit or make available to you (including, without limitation, any such material displayed upon the Website) whilst given in good faith and correct to the best of our knowledge, cannot be guaranteed to be 100% accurate in all cases. If such information turns out to be incorrect, we will not be liable to you (unless specifically stated in these Conditions) for errors in that information.
3.6. Any typo, spelling or other mistake in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by us (including, without limitation, any such matter displayed upon the Website) can be corrected by us without any liability to you (unless specifically stated in these Conditions).
3.7. Some of the hardware or software we supply to you under the Contract may be subject to legal controls (including controls imposed by the country or state in which the hardware or software was made or sent from), third party Intellectual Property rights, or restrictions under licence agreements with third parties. You agree that where this is the case, you will comply with, and you will not breach, the terms of any such controls, third party rights or licence agreement. You also agree that if you do breach them, you will hold us harmless against the consequences of your breach (which we both agree shall include breach by any person into whose hands the hardware or software may pass after delivery to you).
4. Orders and specifications
4.1. All orders for the Goods will be submitted by you to us either through the Website (following the online ordering process), by email to us or in writing. Your order must contain, at least, confirmation of the types of Goods and quantities you require, your requested delivery address and the contact details of the person who we may contact in relation to the order for the Goods (together with such information as would be required as part of the online order process). Each order placed by you for the Goods is an offer by you to buy the Goods on the basis of these Conditions.
4.2. No order placed by you with us is binding on us unless it is accepted (which is at our sole discretion) by one of our authorised representatives. For orders submitted via our Website, our acceptance is confirmed by sending to you our official “Shipping Confirmation” email. Only upon our sending to you the “Shipping Confirmation” email will a binding Contract be concluded between you and us on these Conditions. Once you have submitted your order to us, an “acknowledgement of order receipt” email may be sent to you but this email does not mean your order has been accepted – it is an acknowledgment that we have received the order and we are checking whether we can accept it. For all other orders, our acceptance of your order happens once we email you to confirm our acceptance of your order. It is at this point that a Contract is created between you and us.
4.3. It is up to you to make sure that the terms of your order (including any applicable specification) are accurate and complete, and that you have given us any necessary information relating to the Goods in plenty of time to allow us to perform the Contract in accordance with its terms.
4.4. The quantity, quality, description of and any specification for the Goods shall be those set out in your order (if accepted by us following the process set out in these Conditions) which may include by reference Goods as described on the Website as at the time of your order.
4.5. If the Goods are to be manufactured to or otherwise altered to fit a specification or other instructions submitted by you, you agree to hold us harmless against all loss, damages, costs and expenses awarded against or incurred by us in connection with (or paid or agreed to be paid by us in settlement of) any claim by a third party that our use of your specification or instructions infringes the rights of the third party.
4.6. We are permitted to make changes in the specification of the Goods (i) which are needed to comply with applicable safety or other legal / regulatory requirements or (ii) which do not materially affect their quality or performance.
4.7. You may request to cancel or amend your order at any time before we have accepted it by contacting us. We will let you know if the changes you requested are possible. If the changes are possible, we will let you know about any corresponding changes to the price of the Goods, the delivery date or anything else which would be needed as a result of your requested changes. We will ask you to confirm whether you wish to go ahead with the changes.
4.8. If you decide to cancel your order (or part of it), we will refund to you as soon as possible any monies paid to us up front for the order (or part of it) cancelled, or send to you a credit note for the order (or part of it) cancelled if no monies have then been paid to us but you have been invoiced for it. If your order is amended by substituting new Goods or changing any quantities of Goods, there may be a payment difference between the amended and the original order. Any such difference must be settled as soon as possible by either you paying to us the difference or us re-paying or crediting the difference to you, as applicable.
4.9. No order accepted by us following the process set out above may be cancelled by you other than on the terms of the relevant sections of clause 10 below.
4.10. We may cancel any order placed by you (or any Contract concluded) in the event that we have reasonable grounds to suspect you of fraudulent, illegal or other improper activity in placing the order or in your dealings generally with us. If we have reasonable suspicion of illegal activity you should be aware that we may be required to inform the relevant authorities of such activity without notice to you.
5. Price of the goods
5.1. The price of the Goods shall be our quoted price for the relevant Goods as at the time of our acceptance of your order following the process set out in these Conditions. For Goods ordered online, that price will be the one set out in our “acknowledgement of order receipt” e-mail to you. For other orders the price will be the one communicated to you in writing, usually in our sales quotation sent to you. This price shall apply to the Contract in spite of any other price which may have appeared on the Website or may have been notified to you before our acceptance of your order. Prices listed on our Website are shown with and without VAT. Prices listed in our sales quotations are exclusive of VAT.
5.2 Despite our best efforts, it is possible for some of our products to be incorrectly priced. We will check our prices before accepting your order to ensure their validity. If the product's correct price at your order date is higher than the price listed on our Website or otherwise communicated to you, we will contact and notify you and request 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 terminate the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
5.3. Sometimes, the cost of Goods to us can increase due to a factor beyond our reasonable control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials or any other costs of manufacture, any significant change in delivery dates, delivery address, quantities or specifications for the Goods which is requested by you, or any delay caused by any of your instructions, or failure of you to give us adequate information or instructions). In such an event, we may need to increase the price of the Goods to you prior to delivery. If this happens, we will notify you accordingly and request your instructions before processing your order. We reserve the right to terminate the Contract in the event that we cannot recover the increased costs from you.
5.4. Unless we have agreed in writing with you otherwise, all prices quoted do not include the cost of delivery of the Goods to your premises. Delivery costs are displayed and applied during checkout on our Website and are also specified in sales quotations we supply to you.
6. Payment terms
6.1. Unless we have agreed with you in writing otherwise, you will be required to pay for all Goods through the Website (free from any right of set off, counterclaim, withholding or deduction of any kind, those rights being specifically excluded) using the secure online payment facilities. During the order process you will need a credit or debit card registered to an address in the UK or the Republic of Ireland. Credit or other account terms may be offered to you, but the offering of such credit facilities shall be at our absolute discretion.
6.2. Where credit terms have been offered to you, then subject to any other Special Conditions, we shall be entitled to invoice you for the price of the Goods upon despatch of the Goods from our premises (or those of the third party delivering the Goods on our behalf).
6.3. Where credit terms have been offered to you, then you shall pay the price of the Goods in full and cleared funds (free from any right of set off, counterclaim, withholding or deduction of any kind, those rights being specifically excluded) on the date stated on the front of the sales invoice (or if no date is stated on the invoice, within thirty (30) days of the date of our invoice) even though delivery may not have taken place and the property in the Goods may not have passed to you.
6.4. For all Contracts concluded on these Conditions, the time of payment of the price of the Goods shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
6.5. If you fail to make any payment in full and cleared funds on the date it is due to us then, without limiting our other options to protect ourselves from this situation, we shall be entitled to:
6.5.1. cancel the Contract (and / or any other contract between you and us);
6.5.2. suspend any further deliveries of the Goods (and / or the goods supplied under any other contract between you and us) to you, except upon receipt of cash or other security satisfactory to us;
6.5.3. apply any payment made by you to such of the Goods (or the goods supplied under any other contract between you and us) as we may think fit; and / or
6.5.4. charge you interest (both before and after any judgement) on the amount unpaid, at the rate of four per cent (4%) per year above National Westminster Bank Plc’s base rate from time to time, from the due date for payment until full payment is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.6. Even where credit terms have been agreed with you, special orders may require payment in advance by you.
6.7. Where the Goods are supplied by instalments, you must pay for each instalment in accordance with the terms set out in this clause 6. Where no credit terms are offered to you, this may involve payment in full being made for all instalments of the Goods in advance of any instalment of the Goods being delivered to you (whether by pre-authorisation of a credit card or otherwise). If we then fail to deliver any later instalment of the Goods to you, a refund of the price paid in advance by you for the failed instalment of the Goods will be made to you.
6.8. We will, to settle all debts owing by you to us on any account, have a general lien on all goods and property belonging to you in our possession and shall be entitled, after fourteen (14) days notice to you, to dispose of those goods or property as we think fit and to apply any proceeds from selling them (after deducting our reasonable selling expenses) towards the payment of your debts to us.
7.1. Delivery costs are listed during the checkout process on our website and are itemised on our sales quotations to you which precede your order to purchase Goods from us. We offer a range of delivery services and will communicate to you how and when we will deliver Goods to you.
7.2. Unless we have agreed in writing that it will not, delivery of the Goods shall take place by us delivering the Goods to the delivery location set out in our “Shipping confirmation” e-mail (or such other premises as we may agree with you) during normal business hours. Delivery shall be complete once the Goods arrive at the delivery address. Again, unless we have agreed in writing that we will not, we shall bear the risk of loss of or damage to any consignment of the Goods until delivery to the delivery address and we will arrange for transport and insurance of the Goods in transit. In all cases, where we are to deliver the Goods to you, this may be done through our nominated courier or sub-contract or without any need for consent from you to their appointment. Please note that it is your responsibility to ensure that someone is available to sign for all deliveries. Failure to comply with this requirement shall not affect our obligation to deliver the Goods as advised which will be complete upon arrival of the Goods at the delivery address.
7.3. Any periods or dates quoted for delivery of the Goods are approximate only and are not binding on us, but we shall try to meet them wherever possible. We shall not be liable for any delay in delivery of the Goods though and any such delay shall not be a breach of the Contract. We will contact you where possible to let you know of any delays and we will take steps to minimise the effect of the delay. If there is a risk of a substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received. The Goods may sometimes be delivered by us before the quoted delivery date.
7.4. If no one is available at your address to take delivery and the Goods cannot be left securely at the address or posted through the letterbox, we may automatically reattempt delivery on the following business day. In the event of a failed delivery, we will normally leave you a note informing you of how to rearrange delivery or collect the Goods from your local courier depot.
7.5. If you do not re-arrange delivery or collect the Goods following a failed delivery attempt we will contact you for further instructions and may charge you for any further delivery or storage costs we incur. If, despite our efforts, we are unable to contact you or re-arrange delivery or collection we reserve the right to end our Contract with you.
7.6. Where the Goods are to be delivered in instalments, each delivery shall make up a separate contract to which all of these Conditions apply. If we fail to deliver any one or more of the instalments in accordance with these Conditions (or you claim that we have failed to deliver one or more instalments) we both agree that this won’t be enough for you to cancel or terminate the whole Contract.
7.7. If we fail to deliver the Goods for any reason other than one beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the amount you have to pay (if any) in the cheapest available market above the agreed price of the Goods to obtain similar Goods to replace those not delivered.
7.8. Any claim you might have which is based on a difference between the Goods ordered and those delivered shall (whether or not delivery is refused) be notified to us in writing within 48 hours from the time of delivery. Where you fail to notify us in this timeframe, we shall be deemed to have supplied the Goods in accordance with the quantities specified in the Contract, and shall have no liability to you for any such claim. Please refer to clauses 11 & 12 for our terms relating to defective, incorrect and incomplete products.
7.9. Applicable delivery charges will be charged at our standard rate unless otherwise agreed. Charges exclude VAT.
7.10. If Goods are delivered to an incorrect address and the correct address has been stipulated on your order you must notify us within 48 hours of delivery in order for us to rectify the problem. Any incorrect deliveries notified after the 2 business day notification period will not usually be accepted. Any incorrect deliveries notified within the notification period and which were made due to an error by us will be collected at our own expense and our mistake corrected as soon as possible.
7.11. If you receive Goods from us which have suffered from damage or loss in transit, we ask that you report it to us within 7 working days (please note that this is 48 hours for our business customers). If the Goods are visibly damaged on receipt, it's important to sign the carrier's delivery note accordingly to support the resolution process. If a picture can be taken of the condition at arrival this is also helpful. Transit damage claims may not be accepted if the delivery has not been signed for as damaged or unless proof of loss can otherwise be shown, or if you notify us outside of the period referred to above.
8. Risk and property
8.1. Risk of damage to or loss of the Goods shall pass to you:
8.1.1. on completion of delivery of the Goods in accordance with these Conditions; or
8.1.2. where you have wrongly refused to take delivery of the Goods or you weren’t present to take delivery of them, at the point in time where we attended your premises (or other delivery location) to attempt to make delivery to you.
8.2. Where payment for the Goods has been made by you in advance in full and cleared funds, the property in the Goods shall pass to you upon delivery. In all other cases then even if the Goods have been delivered and risk in them has passed to you, then the property in the Goods shall remain with us and shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods under the Contract and all other money owing from you to us on any other account. This does not affect any of our other rights under the Contract.
8.3. Until such time as the property in the Goods passes to you, you shall hold the Goods on our behalf, and shall keep the Goods separate from your own or those of third parties and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the Goods in the ordinary course of your business, although this right will automatically stop should any of the events set out in clause 10 (Termination) occur. If one of these clause 10 events happens, we shall be entitled to require you to transfer to us all rights we may have against the person to whom the Goods have been re-sold.
8.4. Until the time when the property in the Goods passes to you (and as long as the Goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so immediately, we may enter upon any of your premises or those of any third party where the Goods are stored and repossess the Goods. We may also dismantle the Goods or detach them from any items in which they have been incorporated, and charge you all costs incurred in so doing and any reduction in the value of the Goods suffered by us. If you do re-sell the Goods, and we cannot recover them or the value of them, all monies owing by you to us shall (without limiting our other options to protect ourselves from this situation) immediately become due and payable.
9.1. All Goods we sell are covered by warranty protection. Subject to the conditions set out below, the scope of the warranty protection available to you for the Goods will be as set out on the relevant product page(s) of the website for each type of the Goods, or if not set out on the Website, in accordance with the specification for the Goods in question.
9.2. In most cases, the benefit of the manufacturer’s (or other third party supplier’s) warranty will be passed on to you by us and you can contact the manufacturer (or other third party) direct for warranty services or enquiries. Please note that such warranty cover is offered to you by the third party and does not affect the terms of the Contract in any way.
9.3. In cases where we offer warranty protection to you directly, the provisions of these Conditions apply to any claim you may have for defective / faulty Goods and the cover we offer on those Goods. Any warranty protection we offer to you for Goods supplied is given subject to the following conditions:
9.3.1. we shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment; and
9.3.2. the above warranty does not extend to parts, materials or equipment which we have not manufactured, and you shall only be entitled to the benefit of any warranty or guarantee given by the manufacturer of those Goods
9.4. Any claim by you which relates to Goods on which we offer warranty protection and which is based on any defect in their quality or condition or their failure to correspond with specification, shall (whether or not delivery is refused by you) be notified to us within two (2) working days from the date of delivery (or where a warranty period is offered, within two (2) working days of the defect in the Goods arising where the same is within the relevant warranty period).
9.5. The scope of your warranty protection for the Goods is as set out in these Conditions and the Contract. You agree as part of the Contract between us and you that any other warranties, conditions or terms that might otherwise apply to the Goods are excluded from the Contract.
9.6. You will always afford us reasonable opportunity to remedy at our own cost any breach of the Contract for which we may be considered responsible.
10.1. If you:
10.1.1. breach any of these Conditions or any other term of the Contract; or
10.1.2. fall within the provisions of clause 4.10 above; or
10.1.3. make or offer to make any composition or arrangement with or for the benefit of your creditors or become subject to an administration order or (being an individual, firm or partnership) commit any act of bankruptcy or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.4. have an encumbrancer take possession, or a receiver appointed, of any of your property or assets; or
10.1.5. have a resolution passed for your winding up; or
10.1.6. cease, or threaten to cease, to carry on business; or
10.1.7. are unable to pay your debts as they fall due; or
10.1.8. experience any event similar to those set out above; or
10.1.9. give us good reason to suspect that you are about to have any of the events mentioned above happen to you and we tell you of this reasonable suspicion;
then, without limiting our other options to protect ourselves from these situations, we shall be entitled (with or without notice to you) to cancel the Contract or suspend any further deliveries under the Contract without any liability to you. At our option, we shall also be entitled to invoice you immediately for all work done (or Goods delivered) under the Contract (or any other contract with you) and all invoices and other sums due to us will be due and payable immediately, even if we have a previous agreement or arrangement with you to the contrary, and we shall have the right to access your premises, and retrieve our Goods.
10.2. We may cancel the Contract with you at any time if:
10.2.1. you do not make any payment to us when it is due;
10.2.2. you fail to provide us with information that is necessary for us to provide the products within a reasonable period of time; or
10.2.3. you do not permit us to deliver the products to you within a reasonable period of time.
10.3. You must compensate us if you break the Contract. If we terminate the Contract due to the circumstances set out in clause 10.1 we will refund any money you have paid in advance for products we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the Contract.
10.4. If you wish to end your Contract with us, your rights when you end the Contract will depend on a number of factors including whether you are a business customer or a consumer, what you have bought, whether the Goods are faulty, when you decide to end the Contract and our level of performance. You may have a legal right to end the Contract if:
10.4.1. the Goods you have purchased are faulty or incorrectly described
10.4.2. you want to terminate the Contract because of something we have done or have told you we are going to do or;
10.4.3. you are a consumer and have changed your mind about the Goods
10.5. If you are ending a Contract for one of the reasons listed below, the Contract will end immediately and we will issue a full refund or credit for any Goods which have not been provided:
10.5.1. we have notified you about a change to the Goods which you do not agree to
10.5.2. we have notified you about an error in the price or description of the Goods you have ordered and you no longer wish to proceed with the order;
10.5.3. there is a risk that delivery of the Goods may be significantly delayed due to events outside our control;
10.5.4. we have suspended supply of the Goods; or
10.5.5. you have a legal right to end the Contract because of something we have done wrong.
10.6. If you are a consumer, you have a legal right to change your mind within 14 days of the date of your receipt of the Goods. During this time period (the ‘cooling off’ period) you are entitled to request the cancellation of your order, arrange for the return of the Goods and a refund. Note that this right does not apply to certain Goods – see 10.7.
10.6.1 If you return unwanted Goods for a refund during the ‘cooling off’ period, a monetary deduction can be made if the value of the Goods has been reduced as a result of you using the Goods or handling the Goods more than was necessary. The extent to which you can handle the Goods is the same as it would be if you were assessing them in a shop.
10.6.2 You must arrange for the Goods to be returned to us within 14 days of the date you notify us of your wish to return the Goods. We recommend you get proof of postage if you choose to return the Goods yourself rather than ask us to arrange a collection.
10.7. Your right as a consumer to change your mind does not apply in respect of:
10.7.1. digital content once you have started to download this content;
10.7.2. CDs, DVDs and sealed computer software where the seal has been broken;
10.7.3. electronic licenses and support contracts that you have registered or activated;
10.7.4. custom built and configured to order hardware products;
10.7.5. tailor-made products such as a laptop you have asked us to customise by installing additional software
11. Problems with goods - your rights as a consumer
11.1. Goods we supply to you must be advertised accurately, of satisfactory quality and fit for purpose. If the Goods we supplied to you do not comply with these criteria, you are legally entitled to the following courses of action:
11.1.1. up to 30 days from the date you receive the Goods you can obtain a full refund
11.1.2. up to 6 months from the date you receive the Goods you can get a repair or replacement. If a repair or replacement is not possible, you will normally be entitled to a full refund instead
11.1.3. up to 6 years from the date you receive the Goods you may be entitled to money back if your Goods don’t last a reasonable length of time but after the first six months (from date of receipt of the Goods) the onus is on you to prove a fault was present at the time you took ownership of the Goods.
11.2. Any Goods you receive from us that do not comply with clause 11.1 above must be notified to us within 30 days of the delivery date. You can contact us online at www.theitbay.com/returns, by email at firstname.lastname@example.org or by phone on 0330 174 1338.
11.3. In relation to faulty digital, electronic and customised goods as set out in clause 10.7 above:
11.3.1. if the Goods are faulty, you are entitled to a repair or a replacement
11.3.2. if we cannot repair or replace the Goods or we fail to do so within a reasonable amount of time or we cause you significant inconvenience, you can get a partial and in some cases a full refund
11.3.3. if you can demonstrate that a fault with your Goods has caused damage which is attributable to a lack of reasonable care or skill by us, you may be entitled to a repair or compensation
11.4. To exercise your legal rights to reject Goods supplied by us you must notify us within 14 days of the delivery date. You may either send Goods back to us or allow us to arrange their collection from you. We will refund basic delivery costs you incur in returning Goods to us up to a maximum of £15 upon receipt of your proof of sending. To arrange a return, you can contact us online at www.theitbay.com/returns, by email at email@example.com or by phone on 0330 174 1338.
12. Problems with goods - your rights as a business
12.1. If you are a business customer we warrant that Goods we supply to you shall conform in all material respects with their description and associated specification and be free from material defects in design, material and workmanship.
12.2. If Goods we supply do not comply with the criteria set out in clause 12.1 and:
12.2.1. you give us notice in writing within 48 hours of the date of delivery;
12.2.2. you give us a reasonable opportunity to receive and inspect the Goods and;
12.2.3. you return the Goods to us at our cost,
we will at our discretion repair or replace the Goods or we may instead issue a full refund or credit. You can contact us online at www.theitbay.com/returns, by email at firstname.lastname@example.org or by phone on 0330 174 1338.
12.3. We will not be liable for any failure of Goods to comply with the criteria set out in clause 12.1 if:
12.3.1. you fail to notify us of the defect in accordance with 12.2 above;
12.3.2. you make any further use of the Goods after providing notice in accordance with clause 12.2;
12.3.3. a defect arises which stems from fair wear and tear, intentional damage, negligence, unsuitable storage conditions, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
12.3.4 a defect arises from any drawing, design, specification or instruction supplied by you;
12.3.5. a defect arises as a result of the location in which the Goods are to be used, or for their method of installation, use or maintenance, nor for any failure to correspond with any specification where a failure to use the Goods in a suitable location or by competent operators or from improper installation, use or maintenance has caused the fault.
12.4. Except as provided in this clause 12, we shall have no liability to you in respect of the failure of Goods to comply with the warranty set out in clause 12.1.
12.5. These terms shall apply to any repaired or replacement Goods supplied by us under clause 12.2.
12.6. No claim for loss of or damage to Goods in transit will be considered by us unless notice in writing is given to both the carrier concerned and to us within forty eight (48) hours of delivery (or the due date for delivery in the case of lost Goods) followed immediately by a detailed and complete claim in writing.
12.7. Incorrect orders - If goods are ordered in error (whether because too many or too few were ordered or the wrong item was ordered) then a return will be considered subject to the Goods being in the condition in which it they were received by you and the return request being submitted to us within 30 days of delivery. Returns requests received outside of this period will not normally be accepted.
12.7.1. A minimum 15% re-stocking fee will be charged on incorrect orders unless we are responsible for the error (e.g. the product was ordered based on incorrect information we provided). Incorrect orders which have been opened will be considered in certain circumstances but will be subject to a higher re-stocking fee.
12.7.2. In the case of Goods which have been specially ordered, custom built or otherwise tailored to your specific requirements, a return is not usually considered. However, you can still submit a returns request via our Website. We will review each case and may be able to offer a return subject to a higher re-stocking fee.
13. Damage and loss - your rights as a consumer
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to perform our obligations under the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract but we are not responsible for any loss or damage that is not foreseeable.
13.2. Nothing in these Conditions will limit or exclude our liability for death or personal injury resulting from our negligence or that of our servants or agents, for their fraudulent misrepresentation or for any other matter for which liability cannot be limited or excluded by operation of law. This includes your legal rights in relation to the Goods including the right to receive products which are: supplied as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this damage is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage which was caused by you failing to correctly follow installation instructions or for your failure to have in place the minimum system requirements advised by us. Furthermore, we will not be responsible for damage which you could have avoided by following our advice to apply a software patch or update offered to you free of charge.
13.4. We are not liable for business losses. If you are a consumer we only supply the Goods 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 14.
14. Damage and loss - your rights as a business
14.1. Subject to clauses 14.3 and 14.4 below, our total liability under the Contract shall be limited to the extent of any loss, damages, injury, expenses, costs (including reasonable legal costs) that are directly caused by our failure to perform our obligations under it and in any event, the total aggregate limit of our liability under the Contract whether under contract, tort or any other legal basis is limited to the price agreed to be paid for the Goods which are the subject of any relevant claim or claims.
14.2. Subject to clause 14.3 below, we are not liable for any claims for indirect or consequential injury, loss or damage (including, but not limited to loss of profit, loss of production, loss of opportunity and special damages and whether the likelihood of such loss or damage is notified by you to us before entering into the Contract or not) whether in contract or in tort (including negligence on our part, or that of our servants or agents) arising out of or in connection with the Contract.
14.3. Nothing in these Conditions will limit or exclude our liability for death or personal injury resulting from our negligence or that of our servants or agents, for their fraudulent misrepresentation or for any other matter for which liability cannot be limited or excluded by operation of law.
14.4. Except to the extent expressly stated in clause 14.3 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.
14.5. You recognise that the limitation of liability clauses contained in these Conditions are reasonable and that the prices quoted by us are dependent upon such limitations being included within the Contract.
14.6. We shall not be liable to you or be in breach of the Contract because of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any circumstance beyond our reasonable control (including, but not limited to, acts of God, war, acts of foreign enemies, terrorism, revolution, riot, civil commotion, fire, flood or other natural disaster or radioactive contamination). If such an event occurs and it prevents performance by us under the Contract, the time period for performance shall be extended for the duration of that event, save that if that same event continues to affect performance under the Contract for a period of more than six (6) months, You shall be entitled to cancel the Contract without further liability to us.
15. Returning goods to us
15.1. In all cases where Goods are to be returned to us, you must submit to us your returns request by submitting a returns form via our Website or emailing email@example.com to begin the returns process (in each case within the timeframes set out below). If we accept your return request, we will issue you with an RMA number. No returns claim will be accepted unless you are in possession of a valid RMA number issued by us through this process.
15.2. Any Goods you return to us should be returned packaged securely in their original packaging with all accessories and documentation. If you do not have the original packaging, you must ensure the Goods are packaged in a way to avoid potential damage in transit.
15.3 Goods you return to us must not be marked, defaced, damaged, altered or otherwise be returned to us in a condition which makes them unfit for re-sale (except for defects / faults which were present in the Goods upon issue by us). The RMA number we issue when arranging the return should be clearly visible on a label on the outer packaging.
15.4. We may reject the return of any Goods that do not comply with the requirements of this clause (Clause 15). If we accept the return of such Goods (which will be at our sole discretion) then we reserve the right to charge a re-stocking / handling fee and deduct this fee from any refund or credit we may issue to you.
15.5. Where any Goods are to be returned to us, you are responsible for the Goods and will retain the risk in the same until such time as they have been returned to our premises (or those of any relevant third party). Unless we arrange their collection via our own carriers, we are not liable for any damage or loss in transit of Goods returned to us. Unless we state in writing that it is our expense, the cost of returning any goods to us is at your expense.
15.6. For all returns claims, the cost of any transport of Goods from us to you will only be covered by us where our error caused the need for the return or where the Goods supplied by us have been tested and found to be faulty/defective through no fault of your own. Other such costs are at your expense.
15.7. If returned goods are found to have no faults (or have incurred faults / damage which are clearly caused through improper handling or usage other than by us) we may;
15.7.1. contact you to arrange for the Goods to be returned to you. In this instance, you will be liable for the associated delivery costs.
15.7.2. agree to accept the Goods back. There will be a minimum re-stocking fee of 25%. The percentage of re-stocking fee will depend on, amongst other things the amount of labour involved and the condition of the packaging and contents of the returned Goods.
15.8. Return requests for custom made or built to order products will not normally be accepted. Such products are identified as 'NON-RETURNABLE' on our sales quotations and associated order related documents which you are privy to prior to placing an order with us. Faulty or defective custom/build to order products will be processed in accordance with Clauses 11 and 12 above.
15.9. For business customers, return requests will not be accepted from any customer whose account or accounts have been suspended for any reason.
16. Business export terms
16.1. In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, these Conditions shall prevail.
16.2. Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 15 shall (subject to any Special Conditions) apply over any other conflicting provision of these Conditions.
16.3. You shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on it.
16.4. Unless we have agreed in writing that we will not, we shall always deliver to the address stipulated within the Contract.
16.5. Payment of all amounts due to us will be made to our bank and will be confirmed by the method we have agreed with you that we will accept from that bank.
17. General terms
17.1. Any notice that either we or you are required or permitted to give to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.2. No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or breach of any other provision.
17.3. If at any time any provision of the Conditions is held by any competent authority to be or becomes invalid or enforceable in whole or in part, we agree that it will be removed from the Contract and the other provisions of these Conditions and the remainder of the provision in question shall remain in force without it.
17.4. These Conditions and every Contract to which they apply shall be governed by the laws of England, and the parties agree to submit to the exclusive jurisdiction of the English courts.
18. Group companies
18.1. We may, at our sole discretion, perform any of our obligations or exercise any of our rights under the Contract by ourselves or through any other member of our group of companies. However, we shall still be responsible for the act or omission of the other member of our group of companies.
19.1 The Contract is personal to you and you may not transfer to a third party any of your rights or your obligations under the Contract without our prior written consent. We shall be entitled to transfer any of our rights or obligations under the Contract at any time without your prior written consent.
20. Confidentiality, data protection and data security
20.1. You shall not use for any purpose nor disclose to any third party any confidential matters relating to us, any order or quotation or the existence of the Contract (including any communications relating to the Contract) without the prior written consent of one of our authorised representatives, which consent shall be given or withheld at our sole discretion.
20.3. You acknowledge that wherever Goods are supplied or returned to us after they have been used (whether they are sent to us for repair, as a return or otherwise), it is Your responsibility to ensure that any data or other information stored on such Goods is backed up prior to being sent to Us. We shall have no liability to you for the corruption or loss of any data or other information stored or held on such Goods however it happens.