General Terms and Conditions
Your contract partner for all agreements that are concluded through the website www.eposconnect.co.uk (hereinafter: "Website") is:
Epos Connect Online Solutions Limited (hereinafter: "EposConnect", "we", or "us"), Suite 8, The Monument, 45-47 Monument Hill, Weybridge, Surrey KT13 8RN
Tel.: 0333 800 2212
Companies House No.: 10732197
VAT No.: GB268 836 354
Postal address for correspondence regarding orders:
Epos Connect Online Solutions
Unit B Watkins House, Pegamoid Road, London N18 2NG
General terms and conditions of sale and delivery of orders placed via the internet and telephone.
1.1 These general terms and conditions, including all other terms and documents referred to in these general terms and conditions (hereinafter: "Terms") are applicable to all agreements and any other (legal) relationship between EposConnect and business customers, not being consumers (hereinafter; "Customer", "you", or "your"). EposConnect does not supply to wholesalers or resellers. Please read these Terms carefully before ordering any products from our Website and print or save a copy of these Terms for future reference.
1.2 The applicability of the general terms and conditions or any other terms used by the Customer is expressly dismissed, unless such terms have been explicitly accepted by EposConnect .
1.3 Our Website is only intended for use by people resident in the United Kingdom. We do not accept orders from outside of the United Kingdom. By placing an order through our Website, you warrant that: 1) you are legally capable of entering into binding contracts, 2) you are at least 18 years of age; and 3) you are resident in the United Kingdom.
1.4 Some products or services in our Website are offered by third parties, and not by EposConnect. The general terms and conditions of these parties may be applicable to such products or services. Please ensure that you are happy with the terms of that contract and take legal advice if necessary, before ordering.
2. OFFER & AGREEMENT
2.1 All offers and promotions, including the EposConnect folders, are without any obligation unless otherwise indicated. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by EposConnect and we will confirm such acceptance of the order, to you by sending you an e-mail that acknowledges that the product has been successfully ordered (hereinafter: "Order Acknowledgement"). The contract between us (hereinafter: "Contract") will only be formed when the goods are despatched from the warehouse and we send you the Order Confirmation email, not at the point of ‘Order Acknowledgement’.
2.2 Your order can be submitted per telephone on 0333 800 2212. Our lines are open Monday to Friday 8.30am to 5.30pm (excluding Bank Holidays), or the internet at eposconnect.co.uk. With orders submitted through the internet, you will receive an email acknowledging your order, with a second email on despatch with an Order Confirmation detailing the content of the Contract.
2.3 All statements on the Website regarding amounts, measurements, descriptions and/or other designations are made with care, but only serve to identify the products and are estimations only unless explicitly indicated otherwise. Obvious errors such as pricing-units of measure-, calculation- or writing errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements of EposConnect are non-binding. (Test-) models or drawings are non-binding depictions of the respective products only. Any warranties regarding the quality, durability, function and fitness for a particular purpose are only binding when explicitly indicated by EposConnect. (e.g. the technical specifications of a product).
2.4 If the products that you have ordered are no longer available, we retain the right to cancel the order. We may also offer you substituted goods of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. If you do not want to keep the substituted products within a reasonable timeframe from delivery you can cancel your order and we will arrange collection of such substituted products from you.
3. DELIVERY AND RISK
3.1 We shall endeavour to inform you of estimated delivery dates when you place an order. The estimated delivery timescales for the products shall be indicated on our site. Delivery terms are non-binding and in the unfortunate case the delivery term is exceeded, the Customer shall not be entitled to any reimbursement, damages, or suspension of his contractual obligations.
3.2 The products shall only be delivered after approval of the (contact) details of the Customer. If the details are, for example, not in compliance with article 1.1 of these Terms, then EposConnect is entitled to cancel the Contract, of which you will be informed per email, fax or letter.
3.3 The delivery term shall commence on the day the Contract is concluded, as laid down in Article 2.1.
3.4 Products will be delivered (by a carrier) to the address, indicated by the Customer. Delivery times are between 8.00am and 6.00pm and we cannot specify an exact time when we will deliver. The delivery driver needs to obtain a signature for all Products and if you are unavailable to accept delivery. Please note that products cannot be left in porches, sheds or other places outside of the premises. Deliveries are attempted twice and the driver will leave a card stating when delivery will be re-attempted. Please note we cannot deliver to PO Boxes or BFPO addresses.
3.5 EposConnect is entitled to partial deliveries on reasonable grounds.
3.6 For information on carriage costs or delivery timescales, please contact Customer Services on Tel.: 0333 800 2212
3.7 The risk to the products will pass over to you at the time of delivery of the products to the carrier, or any other means of transportation, which includes partial delivery, the delivery of services or the delivery. If delivery is delayed due to any fault of the Customer, then the Customer will be immediately in default, without any notice required, from the moment that EposConnect has indicated that the products are ready for transportation. EposConnect is then entitled to store the products for the account and risk of the Customer, or to sell them to a third party. The Customer will remain liable for the purchase price and any applicable interest or costs.
4. PRICES, PAYMENT AND OWNERSHIP
4.1 All prices are Net prices (excluding VAT). Additional costs, such as delivery costs, will be mentioned separately on the Website.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which EposConnect has already sent you an Order Confirmation. Percentage savings flags are indicative of the discount applied, and are not intended as an indication of the actual price to be paid.
4.3 The Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. EposConnect will normally verify prices as part of the dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product. If a product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing or pack size error is obvious and unmistakeable and could have reasonably been recognized by you as a mis-pricing.
4.4 Payment for all products must be by credit or debit card. We accept payment by the following credit and debit cards: American Express, Visa, Mastercard.
4.5 The title to the products, regardless of the actual moment of delivery, will only pass to the Customer after the Customer has fully fulfilled all its obligations under the Contract, including but not limited to payment of the purchase price and any additional costs, interests, taxes and damages that may be due in accordance with the Contract or any other applicable terms.
4.6 The Customer is not entitled to sell, rent out, pledge, or to encumber the products otherwise, or to alienate the products to third parties, fully or partially, save within the framework of his normal business.
4.7 As long as the title to the products has not passed to the Customer, the Customer shall immediately inform EposConnect when the products are (threatened to be) encumbered in any way. Furthermore, Customer shall then inform EposConnect of the whereabouts of the products and, if desired, grant EposConnect access to the products, on the first request of EposConnect.
4.8 In case of an attachment on (a part of) the products, bankruptcy, or suspension of payment of the Customer, the Customer shall immediately inform the party that wishes to exercise any right on the products, of the right of ownership of EposConnect on those products.
4.9 If the Customer has failed to fulfil its obligations under the Contract and the title to the products has not passed to the Customer, but the Customer has delivered the products of EposConnect to a third party, Customer is obliged, at the first request of EposConnect, to cooperate to vest a right of lien for EposConnect on any possible claim of the Customer on the third party with regard to the delivery of the products to the third party, notwithstanding any further rights of EposConnect under this Agreement.
4.10 Please note that you must pay for the Products at the time you place your order. If you choose to pay by credit or debit card, EposConnect has chosen PaymentSense to provide PCI compliant secure payment services and the transaction will go through the PaymentSense Payment gateway. No credit or debit card information is provided to EposConnect and completion of the transaction will be subject to you agreeing to PaymentSense's terms and conditions as a separate contractual relationship is created between you and PaymentSense. Please can you ensure that you are happy to agree to PaymentSense's terms and conditions before choosing to pay by credit or debit card. If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.
5.1 If you purchased products that were not manufactured by EposConnect, you may be entitled to (additional) warranty (terms) from the original manufacturer or the supplier of EposConnect. The Customer can never claim any additional warranty from EposConnect than EposConnect or the Customer is entitled to under the warranty of the manufacturer and/or suppliers of the products. The warranty rights for EposConnect products are laid down in articles 5.2 to 5.9 of these Terms.
5.2 In case the Customer makes a claim under a warranty provided by EposConnect, he should inform EposConnect of the defect as soon as possible and ultimately within fourteen (14) days of the delivery of the product, or if it's a hidden defect within fourteen (14) days after discovery was reasonably possible, failing which Customer loses its rights to make any claims under the warranty. The Customer cannot derive any rights from the fact that EposConnect is handling a complaint.
5.3 After the Customer has noticed a defect to a product, he should immediately cease and desist the use and/or installation of the product and do whatever lies in his capacity to limit any further damages.
5.4 Any valid claims made under the warranty of products manufactured by EposConnect for material- or manufacturing defects will result in a free repair or replacement of the products, such at the discretion of EposConnect. If repair or replacement is not possible or reasonable given the costs involved, EposConnect will be entitled as an ultimate remedy to reimburse the costs.
5.5 After reporting the defect, the Customer shall enable EposConnect to investigate the products. The inspection of the defect product shall take place at the then current location of the product, or the facilities of EposConnect, such at the discretion of EposConnect. Costs for transportation/returns will be for EposConnect, unless the warranty claim is denied, then the Customer shall have to pay the transportation costs.
5.6 The Customer shall allow EposConnect a reasonable term to conduct the investigation and repair or replace the products, or reimburse the purchase price.
5.7 The term of the warranty depends on the (kind of) product and shall be determined by EposConnect on a case by case basis. A (part of a) product that is replaced or reimbursed shall (again) become property of EposConnect and shall be returned to EposConnect.
5.8 Any defects to the products that are a result of normal wear and tear, or any other external cause, such as but not limited to, damage due to transportation by the Customer, incorrect use, or if Customer has made any repairs to the product without the prior written permission of EposConnect, will not be covered by the warranty.
5.9 If EposConnect has repaired or replaced the product, or has reimbursed the purchase price as a result of its warranty obligations, it will be fully discharged in respect of its warranty obligations and EposConnect will not be liable for any (further) damages and /or compensation of any kind.
6. LIABILITY AND INDEMNIFICATION
6.1 EposConnect is never liable for any direct or indirect damages, including but not limited to loss of profit, consequential-, immaterial-, business- or environmental damages, of the Customer or a third party.
6.3 Notwithstanding the terms of article 6.1, or anything else in these Terms, nothing in these Terms excludes or limits in any way EposConnect liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any matter for which it would be illegal for EposConnect to exclude, or attempt to exclude, its liability, or under section 2(3) of the Consumer Protection Act 1987. To the extent permitted by law, the liability of EposConnect is always limited to the amount of the Contract.
6.4 Unless damages are caused as a result of wilful misconduct or gross negligence of EposConnect, the Customer shall indemnify EposConnect for all claims of third parties, that have a direct or indirect connection with the (use of the) products delivered by EposConnect and the Customer shall reimburse all possible damages of EposConnect, including (legal) costs, that EposConnect may suffer as a result of such a claim.
6.5 If damages occur, the Customer is obliged to limit, as far as reasonably possible, any further or other damages.
6.6 To the extent permitted by law, the limitation period for bringing claims against EposConnect is limited to one (1) year.
7.1 In addition your rights in article 6 of these Terms and any other statutory rights that you may have, you have the right to cancel this Contract in relation to non-faulty products (other than products which we have reasonably specified as non-returnable) and receive a refund from us.
7.2 To exercise your right to return the products, you must inform us that you wish to cancel your Contract within 30 calendar days, starting on the day after the products are delivered to you. Goods returned within 14 days will be collected free of charge and a refund applied. Between 14 – 30 days a £3.50 Collection fee will apply and if the goods are not in a re-saleable condition we reserve the right to deduct a re-stocking fee of £15 or 20% of the goods value from the refund.
For Technology products:
1) The product must be restored to factory settings and must have all personal data cleared, wiped, and deleted - Including but not limited to:
a. Any usernames or passwords or other security settings
b. Any software installed on the device which was not pre-installed from factory
c. Any personal documents, music, video, images, or other media files which were not present at point of sale
d. Any saved user data within internet browsers including but not limited to:
e. Automatic login information, email addresses, saved passwords, etc.
2) The product must be returned with all original packaging, including:
a. Any accessories included with the product such as power cables, USB cables, cases or covers and any other accessory which was present in the product packaging at point of sale
b. Any and all user documentation such as instruction manuals, warranty leaflets, advertisement documents, license keys or keycards, and any other paperwork which was present within the product’s original packaging at point of sale.
3) The product(s) must be returned in full – if it has been purchased as part of a group, multi-buy, when bought with, or bundle offer – all products purchased as part of that individual product sale must be returned
4) All the above criteria must be met in order for a refund to be issued.
All credits exclude original delivery charges, if applicable.
7.3 If you choose to cancel a Contract then you must return the products to us at your cost or make the products available for our collection (as we reasonably specify).
7.4 If you have not returned the products within 14 days of cancellation or when reasonably requested to do so by us, whichever occurs first, we can collect the products from you at your cost. The charge for collection is £3.50 (excl VAT)
7.5 EposConnect will only accept a cancellation and/or return if You submit your request in writing within the stated period and at the same time submit:
The invoice or any other proof of payment;
The unused, undamaged and complete product;
The original, undamaged packaging of the product;
The complete and not filled out warranty of the product.
7.7 In relation to non-faulty products that have been returned to us, once the products have been received back into our warehouse and their condition checked, you will receive a full refund for these items back to your original purchase card or bank account provided by you in written. If they are not in a suitable condition (as determined by us acting reasonably), we reserve the right to charge a minimum restocking fee of £15 or 20% of the selling price of the products.
7.8 If any items are damaged or missing from your order, please contact us within 3 working days of your delivery by phone on 0333 800 2212, or email support@ EposConnect.co.uk. Please call our Customer Services Team on 0333 800 2212for advice on returning Products.
8. SUSPENSION AND DISSOLUTION
8.1 If Customer fails to fully or timely comply with all his obligations arising out of the Contract or these Terms, the customer will be immediately in default without any notice required and EposConnect will be entitled to:
suspend the execution of the Contract and any relating obligations until fulfilment of the obligations of the Customer is sufficiently secured.
partially or fully dissolve the Contract and any relating agreements, without being liable for any damages and notwithstanding any other rights EposConnect may be entitled to.
8.2 In case of bankruptcy, suspension of payment, or the closing down or winding up of (part of) the company of the Customer, all Contracts and/or (other) agreements with the Customer shall be automatically dissolved, unless EposConnect notifies the Customer within a reasonable timeframe that it wishes to uphold (part of) the Contract and/or agreement, in which case EposConnect is entitled to suspend the execution of the Contract and/or agreement without any further notice required until the Customer has provided sufficient security.
8.3 In all of the cases mentioned in article 8.1 and 8.2 of these Terms, any and all claims EposConnect may have on the Customer shall be immediately due and payable in full and the Customer shall be obliged to immediately return the products of EposConnect and/or provide access to such products for EposConnect to reclaim possession of the products.
10. PROMOTIONAL MAILING
10.1 When registering on our Website you can opt-in to receive promotional emails. At a later moment You can opt out of promotional email activity at any time by clicking on the "unsubscribe" link at the bottom of any marketing email or by updating your Mailing Preferences when you log in to your account. It may take up to 7 days for the change to take effect. You will then remain opted out of promotional email activity until you change your Mailing Preference again.
11. WRITTEN COMMUNICATIONS AND NOTICES
11.1 Applicable laws require that some of the information or communications EposConnect sends to you should be in writing. When using our Website, you accept that communication with EposConnect will be mainly electronic. EposConnect will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.
11.2 All notices given by you to EposConnect must be given to IKA Online Solutions Limited at Customer Service Department, IKA Online Solutions Limited, Unit B Watkins House, Pegamoid Road, London N18 2NG. EposConnect may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. FORCE MAJEURE
12.1 If EposConnect is unable to fulfil any of its obligations caused by an event outside of its reasonable control (hereinafter: "Force Majeure Event"), the performance of the Contract is deemed to be suspended for the period that the Force Majeure Event continues. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control, either foreseeable or not during the conclusion of the Contract, and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action (at the suppliers of EposConnect); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
12.2 When a Force Majeure Event lasts longer than two (2) months, both parties shall have the right to (partially) dissolve the Contract, without incurring any liability for damages.
13. LAW AND JURISDICTION
13.1 The Contract and these Terms will be governed by English law. The applicability of the 1980 Vienna Convention on Contracts for the Sale of Goods (CISG) is explicitly excluded.
13.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
14.1 The Customer will be liable for all (extra-) judicial costs that EposConnect will have to make as a result of the failure of the Customer to fulfil its obligations arising out of the Contract, these Terms, or any other relationship with EposConnect. The extrajudicial collection costs will be at least 15% of the outstanding amount, notwithstanding the right of EposConnect to claim the actual costs that exceed this amount.
14.2 If EposConnect fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if EposConnect fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by EposConnect of any default shall not constitute a waiver of any subsequent default. No waiver by EposConnect of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.3 The Customer is not entitled to transfer or assign any right or obligation out of the Contract or these Terms to any third party without the prior written agreement of EposConnect. EposConnect is entitled to set conditions to its permission.
14.4 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14.5 EposConnect has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and Terms in force at the time that you order products from EposConnect , unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if EposConnect notifies you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 14 working days of receipt by you of the products).