This document sets out the basis upon which we provide goods to you when purchased goods from CDL Micro via ebay. Please note that some of this contract only applies when you are a business, trade or corporate customer and some of this contract only applies when you are a consumer customer.
In this contract:
i. "goods" means any items that by virtue of this contract we will supply to you, including licenses to exercise intellectual property rights and licenses to use software; but does not mean any service we will supply to you and does not mean any facility for delivery of items to you or the insurance of such delivery.
ii. "business customer" means any person, persons or body corporate with whom we contract under this contract who, when making a contract with us, does not intend to use the goods for personal and family use only or any legal non-natural person irrespective of their intended use of the goods.
iii. "consumer customer" means any person with whom we contract under this contract who does not fall into the category of business customer as defined herein.
iv. "we" and "us" means CDL Micro, references to "our" shall be construed accordingly.
v. "you" means any person with whom we contract under this contract; references to "you" shall be construed accordingly.
vi. "specification" means the ability of goods to operate with other equipment, including the ability of the goods to operate with a particular operating system, operate at a particular speed, comply with a particular published standard and / or interact with particular peripherals.
vii. "goods of an equivalent specification" means goods that, in relation to other goods, have the capability to perform with reasonable equivalence with reference to the definition of specification above.
viii. "VAT" means the prevailing rate of Value Added Tax at the time that you become liable to make payment to us.
ix. "cooling off period" means a period of fourteen (14) clear working days, as defined by Consumer Protection (Distance Selling) Regulations 2000 starting the day after the goods are received by you.
x. "Consumer Protection (Distance Selling) Regulations 2000" means the consumer protection (distance selling) regulations 2000 (si 2000/2334) as amended, superseded or updated at the date of this contract.
xi. "theft acts" means the theft act 1968, the theft act 1978 and the criminal attempts act 1981, and references thereto are deemed also to refer to the common law offence of "conspiracy to defraud", all as amended, superseded or updated at the date of this contract.
2. Returns Policy.
i. All of the goods (unless otherwise stated) are sold with a free two-year return to base warranty, except goods that we clearly describe as "sale" or "clearance" items, which will have a reduced price and a reduced warranty period of 30 days.
ii. Goods that we sell may have other warranties or insurance provided by a third party, which often last for longer periods than, and can be of greater benefit than, our own warranty (e.g. On site maintenance, or lifetime warranty).
iii. Under the terms of our warranty, if any of the goods are defective within the warranty period, we will, subject to the other terms of this contract,
a) Repair the defective goods, or,
b) Replace the defective goods with other equivalent goods,
iv. If you wish to make use of your rights under this warranty, you must return the defective item to our premises, at your own cost. You must include a valid order/invoice number, and a description of the fault. We will then, within 30 working days, repair, replace or issue a refund in respect of the defective item, solely at our discretion. When you receive this warranty replacement item, the remaining warranty period on the item is valid only from the original date of purchase, warranties are not refreshed nor renewed on items that are issued to you as replacements. We may issue warranty replacement item(s) that are equivalent to, or better than the original item(s). Please note replacements may be repaired or refurbished unit(s).
v. If you do not return the goods in complete condition, including all packaging and manuals, we will not issue a refund in respect of the goods.
vi. If you return non-defective goods to us, under this warranty, we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.
vii. If you return goods to us, under this warranty, and those goods are defective as a result of:
a) Your negligence, or,
b) The negligence of your agents or employees, or,
c) Occurrences that you were insured in respect of, or,
d) Occurrences that you could reasonably expected to have been insured in respect of,
We will not be liable under this contract and we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.
viii. In paragraphs 2 (vii) (c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the goods.
ix. This warranty is in addition to and does not affect your statutory rights.
x. If your product develops a fault, provided the product is within the warranty period. You are entitled to a warranty repair or replacement. If your goods are returned as faulty after 28 days of shipping we reserve the right to return the product to the manufacturer for repair or replacement. If this should happen please note normal turnaround time is 21 working days but it could take up to 30 working days for repair or replacement.
xi. We cannot be held liable for any loss of data, on any product sent for testing. Any valuable data, which includes software, must be backed up before returning the product for testing.
xii. Our liability shall at all times be limited to products purchased from us and we shall hold no liabilty for any data loss and any consequnetial loss there of, be it financial or otherwise.
xiIi. Please note that item(s) sent back to us without a valid order number will be rejected.
3. Returns Postage.
i. Buyers are responsible for all return postage costs when returning unwanted or incompatible goods.
ii. CDL Micro will supply a returns address for faulty/damaged goods which will include postage at our expense for UK customers. International customers will need to pay to return as our UK carrier does not offer such services outside the UK. Please note there is no legal obligation for us to offer a free returns service. If you are in the UK and choose not to use this service we will not reimburse any postage costs incurred. This is only applicable to faulty goods sent to customers/addresses within the UK. Unwanted goods and incorrectly ordered goods need to be returned to the invoice address at your own expense.
iii. We recommend, for your protection, that all goods are returned using a traceable service and that 'Proof-of-Postage' is obtained. Any loss in the post is deemed, by Royal Mail, to be sole the responsibilty of the sender. Failure to comply with this, may, result in losses to you the customer for which we will not be held liable.
The above policy does not affect your statutory rights as a consumer. As a business seller, we abide by the Consumer Protection (Distance Selling) Regulations 2000.