3. This website is operated by Technology Express as a trading name of OPTIMUM SUPPLY SOLUTIONS LIMITED (referred to as Technology Express/we/our). As a user of this website (referred to as you/your) you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below. Therefore: Please read through these terms and conditions carefully before using our website. Print a copy for future reference. Read our privacy policy regarding your personal information. Technology Express agrees to supply and the Customer agrees to accept goods supplied as set out herein subject to the terms and conditions set out below. Any changes or additions to these terms must be agreed in writing by Technology Express and the customer. All orders between Technology Express and customers for the supply of goods are subject to these conditions and shall not be replaced by any contract terms proposed by the customer.
  4. PRICES All prices are in £s sterling and are shown with and without VAT (where applicable) but exclude delivery charges. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. The price you pay is the price displayed on our website at the time we receive your order. However, whilst we try and ensure all prices on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option to cancel. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled and you have already paid for the goods, we will refund you in full.
  5. TITLE Title to any products you order on our website shall pass to you on delivery of the goods, provided that we have processed and received payment in full for the goods.
  6. ORDERING All our orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. The confirmation stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the goods you have ordered. Please note that this email is not an order confirmation or order acceptance from Technology Express. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the goods ordered unless we have notified you that we do not accept your order or you have cancelled it. If the customer wishes for Technology Express to arrange return of the product, then a delivery charge will be made at our standard rates. Technology Express will arrange for a refund to be made to the customer within 30 days of cancellation of the order, less any delivery charge as appropriate. Should the customer have already received the goods, they must be returned to Technology Expressfor the refund to be issued. We request the goods are returned unused in the original manufacturer’s packaging and in a condition that enables resale. Cancellation. In keeping with distance selling regulations, a customer may cancel their order for any reason within 14 days, beginning the day after the day of receipt by the customer. Should a customer wish to cancel their goods during this period then you must notify Technology Express of your intention and subsequently return the goods at your own expense.
  7. DELIVERY Orders will normally be despatched the same day. Delivery normally takes place within 48 hours although this cannot be guaranteed. Should this not be the case then we will e-mail or telephone the customer to advise when delivery can be expected. At the request of the customer a guaranteed delivery, or a Saturday delivery, can be arranged. A surcharge will be made for these special deliveries. We request the customer notifies Technology Express of any damage in transit at the latest within 7 working days. A replacement product will be despatched immediately, together with a faulty goods invoice. This invoice will be credited upon return of the damaged goods to Technology Express.co.uk. Until this time the goods shall show on the customer's account. Alternatively a customer may elect to return the damaged goods to Technology Express and we will arrange and pay for collection. A full refund shall be issued again upon receipt of goods at Technology Express.co.uk. This does not affect your statutory rights as a consumer. The customer should advise in writing with regard to non-delivery or delivery discrepancies within 7 days of placing the order. In the absence of such advice the delivery will be deemed correct. In the absence of a cancelled order all carriage charges for a refused delivery plus a handling charge of 10% of the value of the invoice (minimum £10) will be charged to the customer by Technology Express.co.uk.
  8. OWNERSHIP AND RISK The risk of loss or damage to the products shall pass to the customer at the time of delivery. The property of the products shall not pass to the customer until payment of the contract price has been made in full to Technology Express. At all times before payment is made in full, the product shall stand in the name of Technology Express.co.uk. The customer shall take the appropriate steps to notify third parties of Technology Express.co.uk’s interest in the products. In the event of a business customer going into receivership or liquidation or any threatened seizure of the goods, the business customer shall notify Technology Express immediately, who shall be entitled to enter the customers’ premises and repossess the products, upon attainment of a court order.
  9. PAYMENT AND CREDIT TERMS Payment is to be made by authorised Credit Card or Debit Card. All major cards are accepted. New customers wishing to open credit accounts are required to furnish their Banker’s name and two trade references and to complete Technology Express’S Credit Application Form. Credit terms are available, subject to satisfactory references and a completed Credit Application Form. Credit terms are strictly 30 days from date of invoice. No further goods will be despatched before payment is received on overdue invoices and further orders will be held pending settlement. Orders for goods, with payment by cheque, will be despatched after receipt and clearance of the cheque, until a credit rating has been established. All payments must be made against the invoice and on time. Overdue payments more than 60 days from the invoice date will be passed on for legal action. All legal costs and interest on the balance will be charged to the customer. Any query regarding the invoiced amount must be notified in writing within 10 days of the invoice date. Any claim of non-receipt of an invoice must be made within 10 days from the date of the first statement identifying the invoice. If payment is not made by the due date, Technology Express reserves the right to charge interest on the amount due, at the rate of 4% above Barclays Bank Plc base rate current at the due date. Technology Express reserves the right to withdraw credit terms without prior notice for failure to adhere to credit terms, including continuous late payments. Technology Express may perform a credit search with a credit reference agency, and will keep a record of that search. We may also make enquiries about the principal directors with a credit reference agency. We will monitor and record information related to your trade credit performance. Technology Express may also carry out regular checks to ensure credit worthiness is maintained.
  10. WARRANTIES AND LIABILITY Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the Price of the Goods, except as expressly provided in these Terms. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party; power failure or breakdown in machinery. Notwithstanding the above, Technology Express warrants that it will replace any product supplied by Technology Expressin which, under normal and proper use and storage, defects appear within six months from the date of the invoice. This does not affect your statutory rights.
  11. RETURN OF GOODS For Technology Express to accept any responsibility for returned products after expiry of the 'cooling off period’ set out under Section 3 a request must be made by contacting Technology Express.co.uk's Customer Service Department and completing a Returns Request Form, prior to the return of the product. After receiving confirmation of the receipt of the request the product must be returned within one month thereafter, suitably packed and carriage paid. Returned defective products will be replaced with new products and the customer will receive compensation for the carriage, alternatively the customer may elect for a full refund. If Technology Express finds that the returned product is not defective the customer will be informed and may reclaim the product within one month thereafter provided that the customer arranges for the return and pays for the carriage. Returns after the expiry of the cooling off period, other than defective products, must be authorised by Technology Express.co.uk’s Customer Service Department. Acceptance of such return is at Technology Express.co.uk’s discretion. Returns will only be authorised for full packs or unit quantities as sold from our price list. Returns of single items that are sold as packs will not be accepted. A credit note and full refund will only be issued if the product is in its original packaging and the packaging is in “as new” condition on receipt of return. A handling charge of 10% of the value of the invoice (minimum £10), which will be inclusive of Technology Express’s carriage, will be charged before the credit note is issued.
  12. PRIVACY STATEMENT We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service by sending regular updates of our offers and promotions. We will give you the chance to refuse any marketing email from us in the future. The type of information we will collect about you will be taken at the time of order by an Optimum Supply Solutions employee only and such information may include: your name / address / phone number / email address and credit/debit card details. This information will only be collected lawfully and in accordance with the Data Protection Act 1998. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us at info@Technology Express or by writing to the Marketing Department at the address below. If you find any inaccuracies we will delete or correct it promptly. The personal information we hold will be held securely in accordance with our internal security policy and the law. If you have any questions or comments about privacy you should email us at info@Technology Express or write to us at the address below. We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes: obtaining credit insurance; making credit reference agency searches; credit control; assessment and analysis (including credit scoring, market, product and statistical analysis); securitisation; and protecting our interests. We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request. 
  13. COMPLAINTS Technology Express will endeavour to respond to all complaints within five working days. Please direct any complaint you may have to CustomerCare@Technology Express or in writing to The Customer Care Manager, Technology Express.co.uk, 14a The Grove, ILKLEY, West Yorkshire, LS29 9EG 
  14. GENERAL If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. These Terms (together with any terms set out on any order form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any remedy or right of any third party which exists or is available apart from that Act. This Agreement is governed by and shall be construed in accordance with the law of England and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.