1. Definitions
You, the Customer a person or company buying Products from us.
Consumer a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 10.
MDDirect.co.uk the Product vendor as identified on your invoice and, where relevant, Service Provider.
2. Quotations/Orders/Contract
All prices on our website are correct at the time of listing, however due to the nature of our business sector, prices fluctuate as such when you confirm order and make a payment, we will update your order as "payment received", at this point a contract will exist between us. If you have confirmed an order but have not paid, then no contract exists between us and prices may change while we await payment from you.
If this is the case, then you may request that you pay the new lower prices if the price has decreased or complete the purchase at the agreed previous low price, if the price has increased. This is called locking in pricing and it is for the benefit of the consumer. Prices given over the phone are not binding, all quotes must be given by email.
3. Price & Payment Terms
Prices quoted by us are normally inclusive of value added tax or any similar taxes, levies or duties. The costs of carriage, delivery, packaging and insurance are excluded from the product price.
Full payment must be received prior to dispatch, we will begin processing your order once cleared funds have been received. In the case of credit or debit card orders, we reserve the right and you consent to us performing further checks to verify that you are indeed the cardholder and we may ask for guarantees or proof of identity for larger orders.
4. Delivery/Title/Risk
The delivery period stated is an approximate guideline and is not the basis of the contract unless otherwise stated.
When signing for delivered goods you must be satisfied that the goods have arrived in undamaged condition, if this is impractical the delivery note must be signed for as "unchecked", otherwise transit insurance would be void and the customer would be responsible for repair costs. When you receive Product you must inspect it for any defects or non-conformity within 3 days. After this period the goods are conclusively deemed as accepted, and claims of transit damage cannot be upheld.
5. Software
Software not owned by us is supplied subject to licence and warranty of the Software licensor. We enclose the Software licence that you require with the Product where necessary; you must comply with that licence.
6. Warranty
All of our Computer Systems come with a 10 Year or 3652 day warranty from the date of delivery, not the date of purchase. All warranties are underwritten by Usercart Ecommerce Limited and McDermott Desktops provide the warranty in trust for them on your behalf. If you wish to claim under this warranty then simply call our care line who will adminstrate the warranty in the usual manner.
Exclusions
Software and Operating Systems. Breakdowns or failures arising from any external influences such as misuse, neglect, excessive wear to the equipment and other external influences such as, but not limited to, poor environmental conditions, electrical power surges, power failure, the use of incompatible or uncertified accessories or media (pirate copies) and the effect of computer viruses.
The replacement of any parts classed as consumables, such as floppy disks, tapes, magnetic media of any type and batteries.
Any consequential loss or liability of any kind to the purchaser caused by any decisions or actions made during or after the period when the services were delivered.
7. Force Majeure
We are not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
8. Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws. Your details will not be transferred to third-parties.
9. Repair
In the unlikely event that goods are faulty, please ring us and we will arrange a pickup of the faulty goods from you at no charge.
10. Refunds
You may request a refund at ant time within the 30 days of delivery, the goods will be inspected and a refund applied.
The "cooling off" period outlined in Distance Selling Regulations (DSR) state that a customer has the right to cancel the order without giving a reason up to 7 working days starting the day after delivery. The consumer has a duty of care for the products during the cancellation period and the products should be returned at the expense of the buyer. Any software delivered is excluded from the "cooling off" period.
Returned items must be securely packaged, preferably in their original box. We reserve the right to charge a restocking fee of 25% of the sale amount, this will be deducted from any amount refunded.
11. Jurisdiction English law and the exclusive court jurisdiction of the English courts will apply to this Agreement
12. Miscellaneous
We may subcontract, assign or transfer our obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a representative of either party.
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