TERMS OF USE
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Xcellent PC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://xcellentpc.com/contact/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: you have the legal capacity and you agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; you will not use the Site for any illegal or unauthorized purpose; and your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
WEBSITE SECURITY
Our website is designed to protect all your personal information you provide us.
The link https and the lock ensure our clients confidentially.
If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
ORDERING FROM US
When you order goods and/or services from us, and the order is accepted, you are entering into a contract with us for the purchase of the goods and/or the performance of the services.
We do not take responsibility for any incorrect information provided e.g. address.
Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an order confirmation. When ordering from this Website you may be required to provide a username and password. Do not provide this information to a third party. Keep the details safe.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
After placing an order, you will receive an email from us acknowledging that we have received your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation (and, as stated above, performance will be subject to product availability and to other clauses in these terms and conditions).
PRICES
All prices shown on the website are exclusive of delivery charges .
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The total price for goods or services ordered, including delivery charges, will be displayed on the Website when you place your order.
We make every effort to ensure that the prices of products in our website are correct. However, if there is any error in the pricing of the product, we grant ourselves the right to change this price even after sending you confirmation of the order.
We will inform you about it and agree on the best solution in this situation.
If you wish to cancel this order, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not confirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
When you are paying by credit or debit card, payment will be taken at the time of placing your order and not when the order is dispatched.
Where payment is made by bank transfer, we shall not dispatch any goods until we receive cleared funds.
No payment shall be deemed to have been received until we have received cleared funds.
If an error has been made in the description of a product we may need to inform you of this and it may be necessary to cancel your order, unless you wish to purchase the product once you have been informed of the amended description.
In addition, we cannot guarantee that the appearance of an item on your particular computer monitor or device will accurately reflect the exact appearance of the product.
CANCELLATION
Orders can only be cancelled if the customer hasn’t yet received an order confirmation. Please email us or type in the contact form to cancel an order.
If you have already received an order confirmation, we are unable to cancel your order. You will be able to return the items once they have been delivered.
Order cancellation and any changes can only be made through the website form or email.
RETURNS
The client is able to return the product at any time in the space of 14 days starting from receiving it. Our policy lasts 14 days. If 14 days have gone by since the delivery of, unfortunately we can’t offer you a refund.
You must notify us by email and give us the order number in any written form. Telephone notification is not sufficient.
To be eligible for a return, your item must be unused and in the same condition that you received it in. It must be in the original packaging. You are taking the risk of sending the item back to us, therefore you have to cover the transport costs.
You will not be eligible for a refund if :
1) The products are damaged.
2) Will not be in the original packaging.
If not returned in the original packaging we have the right to take actions against you for compensation. If there are parts missing we will not be able to accept the refund or cancel the payment for damaged parts.
When returning goods under the 14 day cooling-off period, if the goods are not in a saleable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund.
Software or consumables that have been opened or activated have no right of return.
A full statement of your legal rights under The Consumer Contracts Regulations may be obtained in the EUROPEAN COMMUNITIES (UNFAIR TERMS IN CONSUMER CONTRACTS) REGULATIONS, 1995.
If the goods supplied to you appear to have been damaged before receipt by you, then you should notify us through email, letter or by logging into your account area within 48 hours of receipt. Failure to notify us with 48 hours of receipt will result in the determination that any physical damage occurred whilst in your care.
If you suspect that the goods are faulty, and wish to return them, you must contact us within 48 hours of discovering the fault and submit an RMA (Return Material Authorization) request. We may resolve issues or may suggest that you return the product to us for inspection.
In the event of a return, we will examine the returned product and, if you are entitled, we will notify you of your options by email to either a repair, a replacement or a refund.
We will usually process your elected repair, replacement or refund as soon as possible and, in any case, within 45 days of the day you confirm whether you opt for repair or replacement.
If on return your goods are found to be in working order, a no fault found fee will be charged. This will be 10% of the sale value of the item, but not less than 15 euro.
WARRANTY
All products that we supply are warranted free from defects for 12 months from the date of supply unless stated differently. This warranty does not affect your statutory rights as a consumer.
The goods must be sent to us at your own expense(by post/courier with a tracking number and preferably with insurance as we are not responsible for the goods during transport to us). After inspection, goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value, and sent back to you at our expense.
If the goods are defective due to the user’s fault, the user must pay for the return shipment and any repairs, if requested.
This warranty does not apply to any defect in the goods arising from normal wear and tear, willful damage, accident, negligence by you or by any third party e.g. not using a surge protector, flooding, non-use of overvoltage protection, use other than as recommended by us or the manufacturer, e.g. use in humid, unventilated, hot or dirty, dusty environment failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the manufacturer’s approval.
We cannot be held responsible for loss of data on your storage media or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to protect your data. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty, regardless of what was agreed before.
Opening the casing, installing your own components or transferring goods purchased from us to a third party, and attempting to diagnose or fix a defect in your computer will void the warranty.
If a product is repaired outside of the warranty period specified on your order, unless otherwise specified the warranty provided on any replacement parts is three months period.
In the event of software or hardware failure, we will not be responsible for any replacement, reinstallation or compensation for lost, broken or damaged software. This applies only to software provided free of charge by us or third-party software that you have installed.
DELIVERY GOODS
Goods are delivered by courier.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of Ireland, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence.
Xcellent PC and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Dublin, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Ireland, or in the EU country in which you reside.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
COOKIES
We employ the use of cookies. By using Xcellent PC’s website you consent to the use of cookies in accordance with Xcellent PC’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us
By email: sales@xcellentpc.com
This Terms & Conditions is effective as of 25 February 2020.
