1 DEFINITIONS
1.1 The following definitions shall apply throughout these terms and conditions:
a. consumer means any natural person who purchases from CPYou B.V. and, in so doing, is acting wholly or mainly for purposes which are outside of their trade, business, craft or profession;
b. Contact Form means the form available at https: www.ebay.co.uk/str/acerstoreuk /;
c. digital content’ means data which are produced and supplied in digital form, such as computer programs, applications, games, music, videos or texts, listed and described on the Site available for provision to you in accordance with these General Terms and Conditions;
d. General Terms and Conditions mean the terms and conditions which apply, as set out in this document;
e. good(s) means the tangible moveable items including computer hardware and related accessories available for provision to you in accordance with these General Terms and Conditions;
f. ‘product(s)’ means the goods, services and digital content listed and described on the Site available for provision to you in accordance with these General Terms and Conditions;
g. ‘service(s)’ means the digital services and extended warranties, listed and described on the Site available for provision to you in accordance with these General Terms and Conditions;
h. Site means the website currently located https: www.ebay.co.uk/str/acerstoreuk ;
i. We , us or our means CPYou B.V., which is the authorised reseller and merchant of the products available at https: www.ebay.co.uk/str/acerstoreuk/ ;
j. you means a person who enters a contract to purchase product(s) from CPYou B.V. under these General Terms and Conditions.
2 IDENTITY
2.1 Goods, services and digital content sold through the Site are sold to you by us.
Our contact information is as follows:
CPYou B.V.
Europalaan 89,
5232BC s-Hertogenbosch
the Netherlands
VAT: GB374425684
Chamber of Commerce: 77405714 in s-Hertogenbosch, the Netherlands.
Telephone number: +44 (0) 3717601020
E-mail address: imprint.uk@acer.com
3 APPLICABILITY
These General Terms and Conditions apply to every purchase concluded between us and you through the Site.
4 ORDERING AND CONTRACTING
4.1 When you visit the Site, place an order via the Site, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.2 By placing an order on the Site, you are agreeing to these General Terms and Conditions. To place an order on the Site, you must be eighteen (18) years of age or older and have the legal right to use the payment means you have selected. Verification of the information provided by you may be required prior to the confirmation, acceptance or completion of an order. You will have an opportunity to review your order and correct any input errors, prior to submitting your order to us.
4.3 Your order constitutes an offer to us to purchase a good, service and/or digital content. We will confirm receipt of your offer via the email address you provide to us. No charge of your credit/debit card, or other payment instrument, by or on behalf of us constitutes an acceptance of your offer. We reserve the right to accept or reject your offer at our discretion. Note that we only deliver products and/or provide services to your address in the UK and we do not deliver products and/or services to other countries. Your order is accepted by us when:
(a) we send an email confirmation to you that we have shipped the good(s), and/or
(b) the third party service provider has started to provide service to you, and/or
(c) digital content is made available for download or activation.
4.4 We will inform you by email if a product, service and/or digital content you ordered is unavailable, if we are unable to ship a product, or provide the service and/or digital content within the estimated delivery dates.
4.5 All relevant sales information provided by us shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
5 CANCELLATION
5.1 If you are a consumer, subject to clause 5.3, you will have the right to cancel your offer, without giving reason, within 14 days from:
a. in the case of service contracts or contracts for online digital content, the day of the conclusion of the contract;
b. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
i. in the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;
ii. in the case of a contract relating to delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
iii. in the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.
You shall have exercised your right of cancellation within the cancellation period if you have communicated that decision to us in accordance with clause 5.7 before that period has expired.
5.2 Cancellation shall terminate the obligations of the parties: (a) to perform the contract; or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of cancel, any ancillary contracts shall automatically be terminated.
5.3 There will be no right to cancel in the following situations:
a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of rescission once the contract has been fully performed by us;
b. the supply of products or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the rescission period;
c. the supply of products made to your specifications or clearly personalized;
d. the supply of products which are liable to deteriorate or expire rapidly;
e. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
g. the supply of computer programs, applications, games, music, videos or texts on sealed tangible medium (CDs, DVDs, memory cards, etc.) which were unsealed after delivery; and
h. According to the law, you don’t have the right to test the digital content you have purchased online during the right of withdrawal period. If you start performance of the digital content during the right of withdrawal period (for example, by activating a web-link or a digital code to launch executing or downloading of software) you shall be deemed to (i) have provided your prior express consent to begin the performance during the right of withdrawal period; and (ii) have provided your acknowledgement that you thereby loses your right of withdrawal; and (iii) have acknowledged that the trader provided you with the confirmation of your prior express consent and acknowledgment.
5.4 The burden of proof that a right to cancel exists in accordance with this clause shall be on you.
5.5 You shall not incur any liability as a consequence of cancellation, except for:
a. the direct cost of returning the products, and
b. any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
5.6 In respect of contracts for services, we will require an express request from you for the performance of a service to begin during the cancellation period. This express request shall contain your acknowledgement that you will lose your right to cancel once the service has been fully performed. If you exercise the right to cancel after requesting performance of the service, but before the service has been fully performed, you shall be liable to pay us reasonable costs. You will also be liable for payment of an amount for the service provided to you, as a proportion of the total price agreed in the contract for the full service.
5.7 To exercise a right of cancellation, you must inform us of your decision to cancel this contract by contacting our call centre at +44 (0)3717601020 or in writing (e.g. a letter sent by post or by using the eBay contact form ). You may use the attached model cancellation form, but it is not obligatory. If using the Contact Form, we will communicate acknowledgement of receipt via email without delay. We recommend contacting the call centre on the phone number above for most efficient processing.
5.8 Where cancellation is in respect of a contract for goods, following our acknowledgement of your communication, you shall send the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you have communicated your decision to cancel. In consideration of the risk of loss or damage of goods as implied under clause 6, we recommend that you use a carrier that allows the tracking and monitoring of the goods. For the most efficient processing we recommend that you contact us at the telephone number indicated to obtain a return case-id prior to returning your product.
5.9 If you cancel the contract, we shall refund all payments received from you including, if applicable, the costs of delivery (with the exception of any supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us). This refund will be made without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel this contract in accordance with clause 5.7. We will provide the refund based on the original method of payment, unless you and us have expressly agreed otherwise. We may withhold provision of the refund until we have received the products or until you have supplied evidence of having sent back the products, whichever is the earliest.
6 DELIVERY AND EXECUTION
6.1 Unless we have agreed otherwise, we shall deliver the products by
(a) transferring the physical possession or control of the goods,
(b) commencing provision of services, and/or
(c) making digital content available to you for download or activation,
without undue delay, but not later than 30 days from the conclusion of the contract.
6.2 Where we have failed to fulfil our obligation to deliver the products at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be obliged to call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the product within that additional period of time, you shall be entitled to cancel the contract. Upon cancellation in accordance with this clause, we shall, without undue delay, reimburse all sums paid under the contract.
6.3 If you have notified us prior to the conclusion of the contract, that delivery by or on a specified date is essential, then the above obligation to call upon us to make the delivery within an additional period of time shall not apply, and you shall be entitled to cancel the contract immediately.
6.4 In addition to the right to cancel the contract in accordance with clause 6.2 and 6.3, you may also have recourse to other remedies provided for by national law.
6.5 Orders are shipped on weekdays (Monday to Friday), except for national holidays in Poland. When an order is placed, it will be shipped to the shipping address designated by you, provided that shipping address is complete and compliant with the shipping restrictions contained on the Site. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. All shipments are made by an independent third party carrier. Without prejudice to clause 6.1 – 6.4 above, shipping dates on the Site are estimates and are not binding.
6.6 If any products purchased under a contract are labelled as “Pre-Order”, your entire order will be delayed until all of the items in your order are in stock.
6.7 Title to products purchased under a contract shall only pass to you when we have received payment in full or when you, or a third party designated by you (except for the carrier) has physical possession of the products, whichever is later. Risk of loss of or damage to the products shall pass to you when you, or a third party indicated by you (except for the carrier), has physical possession of the products.
6.8 Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. Standard and expedited shipping charges will be displayed on the Site before you place your order.
7 SOFTWARE INFORMATION
7.1 The use of any software is licensed to you subject to the license terms in the license agreement that accompanies the software. These may be presented to you via preinstalled or preloaded forms on your product which are delivered to you during your download, installation or activation process (“License Terms ). You may not download, install, activate or use the software until you have read and accepted the License Terms. This condition does not affect your statutory rights related to supply or use of software.
7.2 In respect of non-consumers, except to the extent expressly provided by us in writing or under the relevant License Terms, software is provided without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description. We do not offer any warranties or guarantees in relation to software installation, configuration or error/defect correction. You are advised to refer to the License Terms with regards to determining your rights against the manufacturer or licensor of the software.
7.3 Except as expressly permitted in the License Terms, you will not (a) disassemble, de-compile or otherwise revers engineer the software product, product keys or other product components or otherwise attempt to learn the source code, structure, algorithms or ideas underlying; (b) take any action contrary to the License Terms; (c) copy or otherwise reproduce any software product, product component or materials; (d) modify, alter, tamper with or reduce the content of any software product, product component or materials in any way; or (e) introduce any computer virus or other illicit code in any software product, materials or vendor system; or (f) link or bundle the sale of any software product or product component with any unauthorized third-party product that creates a likelihood of confusion as to the source or origin of the software product, without prior written approval from the vendor.
8 PRICE AND PAYMENT
The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes. Where the nature of the products and/or services is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated. Where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable shall be displayed on the Site.
9 WARRANTY
9.1 You may have the benefit of a commercial guarantee supplied with your product or service by the manufacturer and should refer to the relevant documentation supplied with the Product or service in this regard. If you experience a problem with a product or service that you have purchased, please contact us via the eBay contact form or by calling our technical call centre +44 (0)3717601020.
9.2 In respect of non-consumers, to the extent not prohibited by law, we disclaim all express or implied warranties of quality or fitness for a particular purpose. We will not be liable for any loss of data, revenue, profit or any special, indirect, consequential, incidental or punitive damages, loss of business and reputation, however caused, arising out of, or related to the use of, or inability to use the product of service, even if we have been advised of the possibility of such damages. In no event shall our liability exceed the amount paid by you for the product or service. In no event will we be liable for any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using products and/or services purchased under these terms.
9.3 Consumers shall have all the rights applicable under consumer protection law.
9.4 Nothing in these General Terms and Conditions shall purport to exclude any liability resulting from gross negligence or wilful misconduct of us, our executive management or personnel.
10 LIABILITY
10.1 Unless provided otherwise in these General Terms and Conditions, we are not liable (for damages or otherwise) except
(a) to the extent damages arise from our or our representatives’ or agents’ intentional or grossly negligent conduct,
(b) for death or personal injury or damage to property caused by our defective products and/or services,
(c) for death or personal injury caused by our or our representatives’ or agents’ negligence, or
(d) to the extent our liability cannot validly be excluded under applicable law.
10.2 In respect of consumers, except as provided for by applicable consumer protection law, we are only liable for losses that are a natural and foreseeable consequence of our breach of these General Terms and Conditions. In no event are we liable for any loss of data, or for any special, indirect, consequential, incidental or punitive damages. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11 EXPORT CONTROL
Please note that products or digital content which may include technology and software, are subject to E.U. export laws as well as the laws of the country where they are delivered or used. In purchasing products under these General Terms and Conditions, you agree to abide by these laws. Under these laws, product(s) may not be sold, leased, or transferred to or used by restricted countries, restricted end-users, or for restricted end-uses.
12 ASSIGNMENT
The Contract formed under these General Terms and Conditions is personal to you and you are not permitted to assign or transfer it to any other person without our prior written consent. We have the right to assign the contract in full or in part to any company or entity for business reasons, and you hereby cooperate to such transfer in advance, provided that if you do not agree to such transfer you will be entitled to terminate the contract with immediate effect.
13 APPLICABLE LAW AND EXCLUSIVE JURISDICTION
13.1 If you are a consumer: notwithstanding anything to the contrary in the Terms of Use, these General Terms and Conditions and your purchases are governed by the laws of England and Wales, without regard to conflict of laws principles. The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
13.2 If you are not a consumer: notwithstanding anything to the contrary in the Terms of Use, these General Terms and Conditions and your purchases are governed by Dutch laws, without regard to conflict of laws principles. Any dispute arising from or in connection with the Terms of Use, these General Terms and Conditions and your purchases shall be submitted to the exclusive jurisdiction of the competent court in the Netherlands.
14 OTHER
We comply with all laws related to environment and waste management. Please refer to https: store.acer.com/en-gb/weee-annex for more info.
ANNEX
Cancellation Form
Please complete and return this form only if you wish to cancel the contract
To:
CPYou B.V.
Europalaan 89,
5232BC s-Hertogenbosch
the Netherlands
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following products:
PN Description Qty
Ordered on (*)/received on (*): Order number (if available):
Your name: Your address:
Date: Your signature (only if this form is notified on paper):
(*) Delete as appropriate.
