Kinsale Computer Services Ltd

Terms and Conditions

Definitions

The terms “the Company”, “We” or “Us” refer to Kinsale Computer Services and “the Customer” or “You” shall mean the other contracting party. The term “repair” shall include all repair, maintenance and upgrades performed on items or equipment. The term “sale” shall include hardware, software and websites designed and sold by Kinsale Computer Services to the Customer. The Customer may be either a business entity or a private consumer, and both shall be subject to these Terms and Conditions.

General

The Company is involved in the sales, repair, upgrade and installation of Personal Computer equipment and their peripherals, and may include associated electronic assemblies and equipment. We also undertake website design work and basic computer tuition, and offer any computer related services within the scope of the staff competences. These Terms and Conditions apply to all aspects of the Company’s business.

Basis for Acceptance

Any quotations given and orders accepted are subject exclusively to these terms and conditions, in addition to any prevailing statutory obligations. Equipment for repair is accepted on a “best endeavours” basis. The Company reserves the right to return any item unrepaired if deemed, in the Companies opinion, to be unrepairable or beyond economical repair. Orders for online purchases will be accepted from UK residents only. The Company reserves the right to refuse to accept orders at its discretion. Acceptance of online orders will be confirmed by email. Should the Company be unable to fulfil an order due to availability of stock, we will endeavour to offer alternatives of equal specification or value, or will offer the Customer the opportunity to cancel the order.

Payment / Accounts

Payment shall be made at the time of order for all goods and services. No credit or account facility will be offered, except in exceptional circumstances, and with prior written confirmation from the company stating this, and the associated payment terms.

For online purchases, card payments (both credit and debit) can be accepted via Paypal. It is not necessary for customers to have a Paypal account to purchase from us. Postal Order and Cheque orders will only be dispatched upon clearance.

All payments to the Company are to be made in sterling (GBP).

Cancellation / Returns

Under the Distance Selling Regulations (2000), the Customer shall have a 7 day cooling off period for online purchases. This will commence on the day after you receive your goods, and will run for 7 working days. Within this time, no reason for cancellation is required, nor will any penalty be due. Due to copyright laws, this period is not applicable if the ordered goods are software, and the sealed packaging has been broken. Please note, this applies to hardware with bundled software also. The Company reserve the right to cancel orders if we are unable to supply the product due to stocking levels, you are outside of our shipping areas, the price listed was incorrect due to errors in pricing by us or our suppliers or if our procedure for placing orders has been breached. In this event, we will email you, and refund your account within 30 days of the cancellation. Please note, the Company will not be obliged to compensate in this situation.

To return goods, please obtain a return (RMA) number from us first, this will ensure a smooth process. RMA numbers can be obtained by emailing us at returns@kinsale-computers.co.uk . Please mark clearly any packages returned with this RMA number and send to the address below. We recommend that any goods returned are sent using a recorded delivery service, and remind you that the Customer is responsible for the goods until we receive them, as well as the cost of postage and packing.

Goods returned must be in pristine condition, unopened (for online purchases software only), in good working order and in a resalable condition. Items which fail to meet these conditions may not be accepted. All returned goods (except those returned under the Distance Selling Regulations or items which are found to be faulty) will be subject to a 10% restocking fee. Items returned as faulty will undergo testing. If no fault is found, and the problem has been caused by incompatibility or incorrect fitting / set up, then the Customer may be charged an evaluation fee to cover the testing costs, and will be liable for the return shipping costs and restocking.

For items sent in error, or for goods found to be faulty, the Company shall be liable for the reasonable cost of return.

Upon receipt of returned goods, the Company shall process the refund of monies due. Refunds shall be issued immediately for faulty goods, or DSR returns, and within 30 days for other returns.

Delivery

The Company will add a charge to the order to cover the costs of shipping products ordered online. This is a flat rate fee, and will be advised on the website at the time of order. The Company will endeavour to use a reputable carrier, and aim for next working day delivery if the order has been placed by 1:30pm (Monday to Friday inclusive, excluding Public Holidays).

Whilst we strive for next working day delivery, please allow a minimum of 7 working days before contacting us. We will not take any action until this period has passed. Please note that the Company shall have no liability for any circumstances beyond our control which may cause damage or delay to the goods. Such examples shall include fire, flood, accident, strike and terrorism; this list however is not exhaustive.

VAT

The Company shall include VAT at the prevailing rate (currently 17.5%) on relevant goods and services. Full VAT invoices and receipts are available to business customers.

On-site work

Where possible the Company will endeavour to perform any works on the Customers premises. The Company may, at its discretion, add a surcharge for this to reflect travel times etc.

Workshop service

If the Company recommends repair off-site, then no extra charge for the collection and return will be made to the Customer.

No fix – no fee

The Company operates a “no fix – no fee” policy. Any item not repaired by the Company will incur no repair charge, however this does not apply to evaluations or “no fault found” items. Equipment repaired by the Company is subject to endurance and soak testing prior to despatch and is deemed by the Company to be repaired if these tests are passed.

Data integrity

The Company cannot and will not be held responsible for data lost or overwritten from any media upon which it is stored when accepted for repair. The Company offers a data backup service (subject to an additional charge) but expects the Customer to accept responsibility for this.

Loan Equipment

Subject to availability and upon request, the provision of loan equipment may be provided by the Company, and will be charged at prevailing hire rates.

Safe working practices

The Customer is responsible for ensuring safe and reasonable access to the equipment. If deemed unsafe, then the equipment or access shall be made safe, and the Customer charged accordingly.

Risk and reservation of title

Ownership of goods shall remain with the Company and not pass to the Customer until payment has been satisfactorily received in full. Where payment is not satisfactorily received, and whilst ownership of the goods remain with the Company, the Company shall have the right to, without prejudice to the obligation of the Customer to pay the price, retake possession of the goods (and for that purpose enter any premises occupied by the Customer).

Price and description of the goods

Confirmation of the price of any goods will be supplied at the time of confirmation of order, which may be in the form of writing, by email, the Company’s website or verbally. E&OE.

Warranties and Guarantees

Repairs performed by the Company will carry a 30 day warranty against faulty workmanship or components from the date of the repair. This warranty covers only the original fault and parts used. Faults which arise and are unconnected to the original will incur a further repair charge.

Hardware supplied by the Company will carry a 12 month manufacturers warranty unless otherwise stated. Where a longer period of warranty is given, such as 36 months manufacturers warranty, the Company shall support for 12 months only. The remaining 24 months shall be covered by the Terms of the manufacturer.

The following are not covered by warranty: -

Infection from malicious code (Virus. Malware etc)
User error
Misuse or physical damage
Problems beyond the control of the Company (such as power cuts etc)
Repair or modifications not performed by the Company
Breaking of warranty seals (where fitted)

If you have any issues regarding product or service warranties or wish to lodge a complaint, please contact us via email: service@kinsale-computers.co.uk or by mail at the address below. We are proud to be Confidence Assured Members of the Professional Computing Association (PCA) and are bound by the PCA Code of Practice in our dealings with Customers.

Collection of goods

Goods which remain with the Company after repair and remain uncollected or which the Company is unable to deliver despite best efforts after a period of one month, will incur a charge for storage. The Company reserves the right to retain or sell such goods to recover the costs incurred.

Liability

Any goods ordered online that are delivered damaged, or the order incorrect (quantity or incorrect parts), the Company shall have no liability unless informed in writing within 7 working days of receipt. Similarly, for goods undelivered after 14 days from the date of order, liability will not be assumed unless the Customer notifies the Company in writing within 21 days from date of order.

In these circumstances, the liability of the Company will be limited to offering the choice: -

Making good any shortage, error or non delivery of the order
Replacement or repair of damaged or defective goods
Refund the amount paid for the goods.

The Company is not obliged to offer any compensation for loss of business, damage, expenses or consequential loss as a result of any such occurrence, except as prescribed by law.

Extra Fees / Charges

Storage (From 1 month after repair, per day) £1.50

Evaluation Fee (Where charged) £18.00

Data Protection

The Company takes very seriously it obligations regarding the use and privacy of data held on it Customers. We collect and hold data collected from our Customers so that we may accurately, swiftly and securely process your orders, and also to allow us to offer the best service to our Customers as we are able. During the normal course of business, we will only collect your name address, contact details (telephone and email), goods ordered and payment details (such as credit / debit card). All data is collected only with your consent, and we endeavour to ensure all data is up to date. Any data held about you is held securely in accordance with the Data Protection Act (1998). You may request disclosure of any data we hold about you via written request (mail or email), and any data held that is inaccurate will be amended promptly. No third party will be supplied any data we hold about you unless we are required to do so by law.

These Terms and Conditions do not affect your statutory rights as a consumer.

Further information can be found at: -

Distance Selling Regulations (2000)

http://www.dti.gov.uk/consumers/fact-sheets/page24635.html

Data Protection Act (1998)

http://www.opsi.gov.uk/acts/acts1998/19980029.htm

The Professional Computing Association (PCA)

http://www.pcauk.org

Kinsale Computer Services

88 Victoria Road

Torquay

Devon