Simark
Supplies - Consumer Terms & Conditions of Sale
PLEASE
READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF
THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
Definitions
"Conditions"
means these terms and conditions: "Personal Information" means any
personal details provided by you via the Website; “User(s)" means (a)
user(s) of the Website either collectively or individually, as the context
requires; "We/Us/Our/Supplier" means Simark Supplies – Techstore Ltd,
"Website" means the website located at http://www.simarksupplies.com
or any subsequent URL which may replace it; and "You/Your/Yourself"
means you as a user of the Website.
1.
Contracts of Sale
1.1
The following steps need to be followed to process an online order.
1.2
Choose the product and add it to the shopping cart, by pressing ADD to cart.
You can do this for several products. Each added item will be included in the
shopping cart. To remove items or proceed with the order, press View Cart. At
this stage, you can modify your order. To calculate the shipping cost, press
shipping calculator, and choose country and town (available only for locals). For
international orders, the shipping cost will be calculated by the seller upon
receipt of the order depending on the weight of the product, who in turn will
notify the customer of the shipping cost by email. The customer can either
confirm or decline the order. For residents in the Maltese Islands, they can
choose the type of delivery. Prices are listed according to the type of
delivery chosen. Pick up is free of charge and no processing fees are charged. Once
the type of shipping is chosen, press Update Total, and the shipping charge is
updated in the total value. Then, press Check Out, to continue the next step,
where again you have the possibility to confirm or change shipping method. The
next step is the payment method, with available options depending on the
shipping method chosen. The last step is to confirm the order. Before
confirming the order, please read the terms and conditions and confirm that you
agree with these terms and conditions. The order can be then confirmed. You
will be notified by email when the order has been verified. The supplier will
inform you whether the order has been accepted or not and will give an
estimated time of arrival if the item is not in stock. The supplier is not
bound by the indication of arrival. Upon receipt of confirmation from the
supplier, the client can decline the order if the estimated time of arrival is
too long. All transactions carried out on this website are concluded in
English. However, further communication is accepted in both English and Maltese
language. We regret to inform you that communication in other languages is not
accepted.
1.3
No contract exists between you and us for the sale of any goods until we have
received and accepted your order and received payment in full (in cleared
funds). Once the Supplier does so, there is a binding legal contract between
us. For orders requesting delivery or pickup, the legal contract starts as soon
as the supplier accepts and confirms the order.
1.4
By way of clarification, an acknowledgement of your order will be sent to you
via e-mail when you place your order, but acceptance of your offer to buy the
goods will not take place until after your payment is taken. It is at this
point that a binding legal contract is created. For orders requesting delivery
or pickup, the legal contract starts as soon as the supplier confirms and
processes the order. You can see the order status in your account. Any contract
is subject to these Terms and Conditions.
1.5
The contract is subject to your right of cancellation (see below).
1.6
Ownership of the goods shall not pass to you until we have received in full (in
cash or cleared funds) all sums due to it in respect of:
- all other sums which are, or which become due
to us from you on any account.
1.7
The Supplier may change these terms of sale without notice to you in relation
to future sales.
2.
Description and price of the goods.
2.1
The description and price of the goods you order will be as shown on the
Supplier's website at the time you place your order. Images shown are for
reference purposes only and may differ from the actual product.
2.2
The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock, we will inform you as soon as
possible.
2.3
Every effort is made to ensure that prices and descriptions shown on our
website are accurate at the time you place your order. If an error is found, we
will inform you as soon as possible and offer you the option of reconfirming
your order at the correct price or description or cancelling your order. If the
Supplier does not receive an order confirmation within 5 days of informing you
of the error, the order will be cancelled automatically.
2.4
We may deliver goods of a different description or specification from those
shown in our website and as may be required to comply with any applicable
safety or statutory requirements, which do not materially affect the quality or
fitness for purpose of the goods or if the specifications or features have been
changed by the manufacturer. However, we will notify you before the delivery is
affected.
2.5
In addition to the price, you may be required to pay a delivery charge for the
goods.
3.
Discounts
3.1
Customers who register in our website may be entitled to discounts as specified by
the Supplier. These discounts are valid only for online orders, or along with
an online order.
4.
Payment.
4.1
Under these extraordinary circumstances of the Covid-19 outbreak, all payments
need to be done online. Payment upon delivery is not possible. Couriers are not
accepting any forms of payments upon delivery.
4.2
There will be no delivery until cleared funds of online payments are received.
4.3
Payments by PayPal are not accepted automatically. The Supplier reserves the
right to decline the payment if for any reason the order cannot be accepted as
is, supplied or delivery cannot be affected.
4.5
Payments shall be made by you without any deduction whether by way of set-off,
counterclaim, discount, abatement or otherwise unless you have a valid court
order requiring an amount equal to such deduction to be paid by the Supplier to
you. In such cases, you are obliged to inform the supplier by email immediately
after you have placed the order.
5.
Delivery
5.1
The goods you order will be delivered to the address you give when you place
your order and the risk in the goods shall pass to you upon such delivery
taking place.
5.2
We reserve the right to change the method of the requested delivery. However,
no increase in charges will apply.
5.3
No deliveries are affected by Simark Supplies or any other subcontracted
courier, other than on working days. If an item is ordered on a working day
during the mornings, it is usually delivered within the next 2 days. Orders
received in the afternoon are usually delivered on the next second or third
working day. Delivery service excludes weekends (Saturday & Sunday) and
public holidays. Orders received during the weekends, if accepted, are delivered
by Tuesday/Wednesday the following week. Same delivery service rules apply also
to deliveries for Gozo. Same rates apply. Same day delivery is not possible.
5.4
If delivery cannot be made to your address for reasons under the Supplier's control,
we will inform you as soon as possible. Your online payment will then be
declined if no agreement is reached.
5.5
If you deliberately fail to take delivery of the goods (otherwise than by
reason of circumstances under control of the Supplier) then, without prejudice
to any other right or remedy available to the supplier, the supplier may:
- store the goods until actual delivery and
charge you for reasonable costs (including insurance) of storage; or
- sell the goods at the best readily obtainable
price and (after deducting all reasonable storage and selling expenses)
account to you for any excess over the price you agreed to pay for the
goods or charge you for any shortfall below the price you agreed to pay
for the goods.
5.6
If you fail to take delivery because you have cancelled your contract under the
clause of "Your Right for Cancellation", we shall refund or re-credit
you within 30 days for any sum that has been paid by you, less any expenses incurred.
5.7
Every effort will be made to deliver the goods as soon as possible after your
order has been accepted. However, we will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery.
5.8
Time for delivery shall not be of the essence. The goods may be delivered in
advance of the quoted delivery date.
5.9
Upon receipt of your order you will be asked to sign for the goods received in
good condition. If you are unable to check the contents of the package at that
moment in time we urge you to do so as soon as possible and inform us of any
damages within 24hours. Failure to do so may affect any warranty claims that
you make thereafter.
6.
Your right of cancellation.
6.1
You have the right to cancel the contract at any time up to the end of the 14
working days after you receive the goods.
6.2
To exercise your right of cancellation, you must give written notice to the
supplier by letter or email, giving details of the goods ordered and (where
appropriate) their delivery and with an explanation for the cancellation.
Notification by phone is not sufficient.
6.2.1
If an order is cancelled claiming the product is defective, and it is established
that no defect exists after it is inspected and tested, we reserve the right to
reject your right of cancellation and charge you a contribution for the
inspection and testing. A report of the testing will be provided to you.
6.3
If you exercise your right of cancellation after the goods have been delivered
to you, you must return the goods to us in the original packaging. You must
take reasonable care to ensure the goods are not damaged in the meantime or in
transit. If so, we reserve the right not to accept the goods.
6.4
Once you have notified us that you are cancelling the contract, we will refund
or re-credit you within 30 days for any sum that has been paid by you or
debited from your credit card for the goods.
6.5
If you do not return the goods as required, we may charge you a sum not
exceeding the direct costs of recovering the goods. All goods must be returned
in their original packaging.
6.6
You do not have the right to cancel the contract if the order is for computer
software which has been unsealed by you, or for consumable goods which, by
their nature, cannot be returned.
6.7
Your right of cancellation is in addition to your other statutory rights.
7.
Warranty
7.10
All new goods supplied by us are warranted free from defects as from the date
of supply (unless otherwise stated).
7.11 B-Ware grade items can be refurbished, used,
demo units, cosmetic defects or without original package. Warranty period for B-Ware
is indicated on every item and can vary from 1 to 24 months.
7.12
The terms of any manufacturer's guarantee, other than what is stated on Our
invoice, will be included within the documents accompanying the goods or online
from the respective manufacturer's website This includes dead pixel warranty
(ISO 13406-2, Class II), as well as software and Operating system’s terms and
conditions.
7.13
This warranty does not apply to any defect in the goods arising from natural
disaster , fair wear and tear, wilful damage, accident, damage or loss to data
or any software programs, use of pirated software, negligence by you or any
third party, use otherwise than as recommended by the manufacturer / Us,
failure to follow instructions, connection to improper voltage supply or
electrical power surge or any alteration or repair carried out by third parties
or without the approval.
7.14
If the goods supplied to you are damaged on delivery, you should notify Us in
writing via e-mail address or by means of a letter within 24 hours. We reserve
the right to be supplied with proof that the goods are damaged on delivery.
7.15
If the goods supplied to you develop a defect while under warranty or you have
any other complaint about the goods, you should notify us personally, in
writing via the e-mail address or by a letter, as soon as possible, but in any
event within 7 days of the date you discovered or ought to have discovered the
damage, defect or complaint, which however shall not exceed the 24 months legal
guarantee.
7.16
It is your responsibility to ask for the RMA number when returning any product
to our technical department.
7.17
If an item is claimed to be faulty by yourself (CID - Consumer Induced Damage)
even during the warranty period, and after inspection and testing it is
established that no defect exists, (Techstore Ltd) reserves the right to charge
you a contribution for the inspection and testing.
7.18
We do our best to replace faulty items within the least possible time. We shall
not be held liable for any delay, if this delay is not due to our negligence.
7.19
We also strive to replace faulty items with the same product. However, we may
sometimes offer a replacement of a similar product in terms of specifications
or price according to the current market value of the original item. If an item
is listed as EOL (end of life), we shall replace it with a product closest to
its specifications or current market value.
7.20
Repair or replacement under the terms of this warranty does not give right to a
fresh start of the warranty. The warranty shall continue from the date of
original invoice; however, we extend the warranty equal to the period product
is in workshop for service.
7.21
This warranty is invalid if the serial number has been altered or removed from
the product.
7.22
Software is not covered by any warranty. It is your responsibility to ensure
that any software installation meets your expectations before leaving our
outlet if the installation is carried out by our technicians. It is also your
duty to back up the contents of your hard drive before bringing the PC in for
any service. We cannot be held responsible for any loss of data or software
during service.
7.23
The serviced product will be returned to you as originally configured. It is
not our duty to install other software or carry out any other configurations
and setups.
7.24
Warranty on products is as stated in the invoice. The original invoice must
always be presented, together with manuals, software and any other items
including the original packing. Goods are not sold on a trial basis.
7.25
The legal guarantee protects the consumer against latent defects on purchases
and non-conformity with the contract of sale for two years from the date of
purchase. Claims made within the first six months after purchase under a legal
guarantee are considered to have already existed on the date of purchase unless
the seller can prove otherwise.
Thereafter,
the seller will only be liable under the legal guarantee in the case of a lack
of conformity which can be shown to have existed from the date of purchase and
did not occur due to misuse or any other reason. The legal guarantee applies
also where no commercial guarantee is provided.
7.26
From Our side, we will be testing the drives for TBW. Warranty period ends on
the date when the SSD has exceeded its TBW. Irrelevant if warranty period
passed or not.
7.27
Batteries: UPS’s are covered for 12 Months. Notebooks, Tablets and any other
battery-operated device have 6 Months.
7.28 Good
are not sold on trial bases, return products are subject
to approval and to a restocking fee which will reflect the product
condition and the current market price. Unsealed or unpacked software
products are not returnable or refundable.
8.0
User’s Obligations and Responsibility.
8.1.1
You agree not to use the Website (or any part of) for any illegal purpose and
agree to use it in accordance with all relevant laws
8.1.2
You agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures of a computer.
8.1.3
You will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may
cause annoyance, inconvenience or needless anxiety.
8.1.4
You will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired.
8.1.5
You will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy)
8.1.6
You agree that in the event that you have any right, claim or action against
any users arising out of that user's use of the website, then you will pursue
such right, claim or action independently of and without recourse to us.
8.2
It is your responsibility to ensure compatibility of any goods ordered by you
from our website, both with the existing components within your system and with
any other goods offered for sale by us.
8.2.1
If any ordered goods are to be installed into your system by our technicians,
it is your responsibility to ensure proper installation.
8.2.2
It is your responsibility to download any manuals, drivers, and firmware
upgrades etc from the manufacturer’s website or any other software downloads.
9.0
Indemnity.
9.1
You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the conditions by you or any
other liabilities arising out of your use of the website, or the use by any
other person accessing the website using your PC or internet access account.
10.0.
Limitation of Liability.
10.1
The Supplier's total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance of this
agreement shall be limited to the price paid for the goods.
10.2
Nothing in these conditions excludes or limits the liability of the Supplier
for death or personal injury caused by the Supplier's negligence or fraudulent
misrepresentation.
10.3
We shall not be liable to you for any indirect or consequential loss or damage
(whether for loss of profit, loss of business, loss of electronic information
and data, physical damage to property, depletion of goodwill or otherwise),
costs, expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with this agreement and
whether they are directly or indirectly caused by any breach of contract or by
negligence by us or by any servant or agent of ours .
11.0
Third Party Links.
11.1
In an attempt to provide increased value, we may provide links to other
websites or resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do not endorse
and are not responsible or liable, directly or indirectly, for the privacy
practices or the content (including misrepresentative or defamatory content) of
such websites, including (without limitation) any advertising, products or
other materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such content, goods or services
available on such external sites or resources.
12.0
Data Protection.
12.1
We respect your personal information and undertake to comply with applicable
Malta Data Protection legislation from time to time in place.
12.2
You should be aware that:
- if we are requested by the police or any
regulatory or government authority investigating suspected illegal
activities, or upon receipt of a court order, to provide your Personal
Information and/or information concerning your activities whilst using the
website we shall do so; and
- We reserve the right in our reasonable
discretion to disclose details of your use of the Website in relation to
any, or any threatened, Court Proceedings in connection with your use, or
the use of anyone under your control, of the Website whether in connection
with the matters set out in these Conditions or otherwise.
12.3
We will take all reasonable precautions to keep the details of your order and
payment secure but unless the supplier is negligent, the Supplier will not be
liable for unauthorised access to information supplied by you.
13.0
Applicable Law.
13.1
These terms of sale and the supply of the goods will be subject to Maltese law
and the Courts of the Republic of Malta will have jurisdiction in respect of
any dispute arising from the contract.
14.0
Notices.
14.1
You may send us notices under or in connection with these Conditions:
- by post to Simark Supplies, Techstore Ltd,
Church Street, Tarxien.
We
suggest having all letters registered.
15.0
Entire Agreement.
These
Conditions (as amended from time to time) contain the entire agreement between
you and us relating to the subject matter covered and supersede any previous
agreements, arrangements, undertakings or proposals, written or oral, between
you and us in relation to such matters. No oral explanation or oral information
given by either of us shall alter the interpretation of these Conditions. You
confirm that, in agreeing to accept these Conditions, you have not relied on
any representation save insofar as the same has expressly been made a
representation in these Conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not become a term of these
Conditions save that your agreement contained in this Clause shall not apply in
respect of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.