TERMS & CONDITIONS
Terms and Conditions of Sale
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1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Shiny Hardware Limited, Unit 1B Old Street, Wimborne, BH21 4DB, registered in England and Wales (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 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 at the time you place your order.
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 not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website or eBay at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 Shiny Hardware Limited will not add any additional fees to your purchase if you pay via any of the payment types supported.
3.5 On completion of the transaction you will receive an email from our service which will contain your login details within a few minutes of placing the your order, PDF invoices are immediatly available to download using the supplied login details.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, Delivery to an alternative address is only available to business addresses.
4.2 Orders placed placed before 14:00 will usually be sent same day. (Mon – Fri) If orders cannot be despatched by COB the following working day the supplier will contact you.
4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 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:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 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.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall 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 (excluding shipping). On exercising your right to cancel you shall be required to return the goods to the Supplier at your expense. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition (If Courier Option has been selected). If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
4.8 Delayed mail is subject to the carriers terms and conditions (Royal Mail, do not consider mail lost for 15 working days, for example)
4.9 The supplier reserves the right to enhance your delivery, this would include, upgrading 2nd class to 1st class, adding Recorded delivery, Special delivery or courier. These changes are driven generally by price, and occasionally weight. The supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay associated with Shipping Upgrades. These are in place to safeguard goods for the benefit of Supplier and Customer. (e.g. if an order has gone through the system as 2nd class standard but has a value of £20 it will be upgraded to 2nd class Recorded (requiring a signature))
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
5.4 In the event of chargeback or payment reversal ownership of the goods passes back to the supplier, after 14 Days the supplier will undertake legal proceedings to retrieve payment or return of goods, this may include reporting the goods as stolen, or obtained fraudulently.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier 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 after they have been returned.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 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, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email within 7 working days. (Please note that this is 48hrs for our business customers)
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 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.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, 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.
10. Data Protection
The Supplier 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.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
12. eBay Appendices
12.1 Website Accounts: By purchasing from our ebay store you are giving us permission to set up an account on Shiny Hardware, to process your order we HAVE to setup an account. We do not sell your details to any third parties and signing up to the mailing list is “Opt In”.
12.1.1 If you wish to have your account removed please email or send a message via ebay asking for your account to be deleted, we will delete your account after 3 working days.
12.2 Feedback: We leave feedback for you once we have received payment and moved your order to our website, we choose not to hold feedback until we have received yours.
12.2.1 Please contact us to resolve any complaint prior to leaving negative feedback.
13. WEEE
You can now recycle your old electricals with us.
If you’re buying a new electrical item, we will recycle your old one for free
Why recycle?
Unwanted electrical equipment is the UKs fastest growing type of waste.
Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.
We can help
We are pleased to offer our customers the chance to recycle their old electrical items.
After purchasing a new electrical product from us you can send your old one on a like for like basis and we will recycle it for you free of charge, simply send it to the address on the contact us page (Here) with a copy of your invoice.
To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.
What is WEEE?
The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis.
Find more information on WEEE recycling, and locate your local recycling centre, at www.recyclenow.com
