10. FAULTY PRODUCTS
10.1 We will repair or replace (at our option) certain Products with which you encounter a fault (including a physical defector issue with the performance of the Product) (Defective Product). We will not provide a remedy for all Defective Products and the availability of a remedy from us (as opposed to the manufacturer) varies depending on the category and make of the Product concerned. Further details (including whether a remedy is available and the time periods during which we will consider repairing or replacing a Defective Product) are available on request. Please contact us using the contact details set out in clause 17.2 to obtain more information.
10.2 To the extent that a remedy is available, you must notify us immediately (and not later than 2 Business Days after discovering that the Product is a Defective Product), with details of the fault or defect. We will, at our option, repair or replace such Defective Product. This shall be your sole and exclusive remedy in respect of any Defective Product.
10.3 To the extent that no remedy is available from us, you will need to rely on the manufacturer’s guarantee and/or warranty provided with the Product (if any).
10.4 Where a Product does not materially conform with the Specification (Non- conforming Product), you must notify us within 30 days of the Product being delivered, with details of the non-conformance. We shall, at our option, replace the Non-conforming Product with a Product that does materially comply with the Specification or issue a refund for the amount paid in respect of the Non-conforming Product.You must return the Non-conforming Product back to us within 5 Business Days of notifying us that the Product does not materially comply with its Specification. Any replacement Product or refund will only be issued once we have received the returned Product.This right does not extend to non-material deviations from the Specification. If we agree to issue a refund, we will do so within 30 days of the last Business Day of the month following the month in which the returned Non-conforming Product is received by us.
10.5 You are responsible for the costs of returning a Defective Product or Non-conforming Product to us.
10.6 Any Defective Product or Non-conforming Product that you return to us is at your risk until we receive it.
10.7 Where we determine (acting reasonably) that any Product that you have returned to us as a Defective Product or Non-conforming Product is of satisfactory quality (including where no fault/defect exists, the fault/defect was likely caused by your misuse of the Product or the Product does materially comply with its Specification), you shall not be entitled to any remedy and you will be responsible for collecting the Products from us
11. RETURN OF PRODUCTS
11.1 In addition to your rights in respect of Defective Products and Non-conforming Products, we allow you to return some Products without providing a reason. Please contact us using the contact details set out in clause 17.2 for more information (including on which Products we allow you to return and the time limits for return). This is a discretionary right and not all Products carry the right to return.
11.2 Except where you have a right to return a Defective Product or Non-conforming Product, we will not accept any returns unless they are notified to us in writing by e- mail or through the online returns facility on our website within the time period specified for that particular Product (available on request). You will need to provide details of the Product you wish to return, the invoice number and date (Returns Notification). We will accept or deny the return in writing within 10 BusinessDays of receiving the Returns Notification and, where we accept the return, we shall provide a returns authorisation number.
11.3 Authorisation to return hardware Products will only be granted by us if the Product is complete with all its accessories, cables and manuals and is in an unused, brand new condition in its original, undamaged packaging. Authorisation to return software Products will only be granted where the software is unopened and sealed in its original, undamaged packaging.
11.4 Except where a Product is a Defective Product or Non-conforming Product, you will have no right to return a Product which you have resold.
11.5 Where we have authorised you to return a Product which is not Defective or Non- Conforming then the Product must be returned (at your cost), marked with the returns authorisation number, within 10 Business Days of the date we send such authorisation. You will remain liable for the Products until they are received by us.
11.6 We will only provide a credit note for Products returned under clause 11.5 if the following conditions are complied with:
(a) the Products returned are in their original inner and outer packaging and none of the packaging shall have been written upon or been defaced or taped or had permanent labels attached;
(b) the Products returned are in otherwise satisfactory and pristine condition and may be re-sold at the same market price
(c) in the case of computer consumable Products, the outer seal has not been tampered with in any way. If you return such product(s) as faulty, you will only be granted a credit note if the manufacturer of such product(s) accepts that the product has not been misused, over loaded, incorrectly installed or incorrectly stored. In certain circumstances, a faulty product evaluation form, or other information requested by the manufacturer will be required from you before a credit not can be provided.
(d) Products must be packed appropriately for transport and you will be responsible for any damaged to the Product or its packaging which occur in transit. Any damage during transit may result in no credit note being provided.
(e) Where returned Products are not in acceptable condition or do not conform to the requirements for authorisation (in each case decided solely in our discretion), you will be notified and given 14 days to collect the Products from our premises. You will be responsible for collecting the Products from us, and if after 14 days, the Products have still not been collected then the goods will be disposed of. No credit note will be issued, and we will accept no liability for products disposed of in these circumstances.
11.7 We will refund you for the amount paid in respect of a returned Product (excluding the delivery charge) within 30 days of the last Business Day of the month following the month in which the returned Product is received by us.
11.8 We reserve the right to charge a 15% or £25 handling charge (whichever is greater) plus VAT on any returned Products (excluding Defective Products and Non- conforming Products). Where we exercise this right, we will deduct this handling charge from the amount refunded to you.