Terms & Conditions
Standard Terms and Conditions for Sale of Goods tonertopup urefilltoner laserprinter ink refills inkjet cartridge recycling recycle resetter hp brother reuse drum disposal best free cheap
Smith and Young Sales Ltd
trading as EcoStar Printer Chips
Contact address: The White House, Toys Hill, Westerham, TN16 1QG, England
Email: sales[-at-]printchip.net
Registered in England Number 2965587
VAT Registered Number 644470732
See also our Delivery information and our Privacy and Security policies
1 DEFINITIONS
In this document the following words shall have the
following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the
Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the
Seller;
1.4 "List Price" means the list of prices of the Goods maintained
by the Seller and published on its website as amended from time to time;
1.4 "Seller" means Smith and Young Sales Ltd
1.5 "Terms and Conditions" means the terms and conditions of sale
set out in this document and any special terms and conditions agreed in writing
by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of
Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to acceptance by
the Seller not withstanding that the Seller may have taken payment from the
Buyer at the time of the placing of the order. The Seller may choose not to
accept an order for any reason.
2.3 Should the Seller choose not to accept any order, any payment made for the
order will be returned to the Buyer within 3 days.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer's acceptance of these Terms and Conditions.
2.5 Any variation to these Terms and Conditions shall be inapplicable unless
agreed in writing by the Seller.
2.6 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current
Price List or on the Seller's website or as contained in the Seller's Quotation
(as applicable) at the date of order or otherwise as agreed between the parties.
The price is exclusive of VAT and exclusive of delivery charges. Errors or omissions
may be corrected at any stage of the sale contract. Prices are subject to change
without notice. Quotations are valid for two months unless otherwise specified.
3.2 Payment of the total purchase price (including VAT and any delivery charges)
must be made in full before dispatch of the Goods unless a specific agreement
for credit terms has been made between the parties in which case these terms
shall be incorporated into the contract.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller using Royal Mail services
or private carrier companies.
4.2 All Goods for UK customers, wherever possible, will be delivered within
7 working days of the order being placed and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 For International customers the Seller aims to deliver all goods within
Royal Mail's stated timeframe of 3-5 days for Europe, and 7-9 days for the rest
of the world. This is dependent on the foreign postal service and there may
be delays for customs clearance. The Seller is not liable for delays caused
by foreign postal services or customs clearance.
4.4 The Seller shall use its reasonable endeavours to meet any date stated for
delivery. In any event time of delivery shall not be of the essence and the
Seller shall not be liable for any losses, costs, damages or expenses incurred
by the Buyer or any third party arising directly or indirectly out of any failure
to meet any estimated delivery date.
4.5 Some Goods may not be in stock at the time the order is placed. In the event
that the Seller is unable to deliver the Goods within the time specified in
Clause 4.2, the Seller will contact the Buyer to advise of the situation and
the Buyer shall be entitled to cancel the order and receive a full refund or
agree a later delivery date.
4.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the
Goods.
5 WARRANTY
5.1 The Seller warrants that the Goods will at the time of delivery correspond
to the description given by the Seller.
5.2 The Seller warrants that chips and toner supplied as fit for a specific
model of machine will not damage that machine provided that all instructions
for use are complied with by the Buyer.
5.3 The Seller specifically excludes any warranty that colour toners will match
the characteristics in colour or other respects of the original manufacturer’s
toner supplied with the machine.
5.4 In the case of updated printer firmware causing rejection of a chip, the
Seller guarantees that the chip will be working at the date of the Buyer's order.
If a chip is rejected when the Buyer first receives it, the Seller will replace
the chip with an updated version. If the updated chip is rejected or unavailable
then the chip is defective and the Buyer will receive a refund of the monies
paid for this chip only. The Seller will not refund for any other items purchased,
and is not responsible for any consequesial losses arising from the rejected
chip.
5.5 If the Buyer's firmware is updated at a date subsequent to receiving the
chip, it may be rejected. The seller does not offer a replacement chip or refund
for firmware updates that occur after the Buyer's purchase. We encourage the
Buyer to disable firmware updates where possible.
5.6 In all cases when a chip is rejected the Seller may not have the updated
version chip in stock. There can be a delay of up to three months to source
the working replacement chip. The Buyer may not be able to use their refilled
cartridge during this period. The Seller is not liable for any consequential
losses arising from the delay.
5.7 The Seller is not responsible for any error messages that do not arise directly
from the electrical behaviour of chip. If another part of the printer, or its
consumbables cause an error then this is not due to the chip. The Seller accepts
no liability for such errors arising from other parts of the printer, and is
not responsible for any consequential losses or delays that they may cause.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller within 30 days of delivery if the Goods are damaged or do not comply
with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned by
the Buyer to the Seller and the Buyer shall be entitled to replacement Goods
or a full refund (including delivery costs, if applicable) plus any return postal
charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the invoice number obtained from
the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the
Buyer will be liable for the cost of remedying such damage.
6.5 Due to the ease with which electronic chips are damaged by static electricity,
chips will only be accepted for return if they are still sealed within their
original packaging.
6.5 Where Goods are purchased via the internet, by mail order or by phone or
fax, the Buyer has the right, in addition to any other rights, to cancel the
order and receive a refund by informing the Seller in writing or by email within
14 working days of receipt of the Goods. Goods must be returned at the Buyer's
cost and should be adequately insured during the return journey. Provided the
Goods are in a saleable condition when received by the Seller, the Buyer shall
receive a refund of all monies paid for the Goods (including delivery charges,
if any) except for return postal charges within 30 days of cancellation.
7 NO QUIBBLE GUARANTEE
In addition to the Buyer's statutory rights, the Seller guarantees all Goods
against faulty workmanship and materials for a period of 3 months from the date
of delivery.
In the unlikely event that one of our products proves faulty the Seller will
replace it at no cost to the Buyer, or refund 100% of the price the Buyer paid.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury, however the Seller shall not be
liable for any direct loss or damage suffered by the Buyer howsoever caused,
as a result of any negligence, breach of contract or otherwise in excess of
the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any
third party for any indirect or consequential loss of profit, consequential
or other economic loss suffered by the Buyer howsoever caused, as a result of
any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock
outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the party shall be entitled
to a reasonable extension of its obligations.
10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive jurisdiction
of the English courts.