Consumer terms and conditions
Please read these terms and conditions carefully before placing your order and retain a copy of these terms and conditions and your order for future reference
Definitions In these terms and conditions:
we, us and our refer to secondbyte (registered in England and Wales under company number No 7711439 and with its registered address at 391 Durnsford Road London SW19 8EE
you and your refer to the purchaser of any goods from us
contract means the contract between you and us for the sale by us to you of goods
goods means any goods or services you order from us
order means an order placed by you with us for the purchase of goods by clicking "place order" on the checkout page
consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
checkout page means the page on our website entitled "checkout" which gives details of the goods, delivery address and options, payment method and a "place order" icon
website means our website at www.secondbyte.co.uk
Business sales If you order goods other than as a consumer (eg because you are a business) then:
these terms and conditions do not apply; and our business terms and conditions shall apply to your order and any resulting contract between you and us.
Terms of the contract If you place an order for goods as a consumer, these terms and conditions apply to your order and to the contract between you and us.We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website.We have taken care to ensure that our website (including the help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.
When the contract is created No contract exists between you and us until we notify you that we have accepted your order and delivered the goods.We are not obliged to accept your order.We may cancel your order if we cannot supply the goods for any reason.
Description and price of the goodsWe make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order.The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount.You must also pay a delivery charge for the goods as indicated on our website at the checkout page.In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. We may occasionally have to increase the price of goods, even after your order has been accepted by us. If we have to do this, then you may cancel your order.
Delivery We will deliver the goods that you order to the delivery address you give when you place your order.Once we accept your order, we will endeavour to deliver the goods within the delivery period that applies to the option you have chosen. If we do not come to the delivery address within the applicable delivery period and you have given us the correct full delivery address then you may apply for a refund of the delivery charge.If there is no one available to accept the delivery when our courier arrives, the courier will keep the goods for up to two days and you can arrange for a new delivery date. After two days we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery.If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery.If some of the goods you ordered are not available we may deliver part of your order. We will deliver the rest of the order as soon as possible afterwards.
Your right of cancellation under the Distance Selling RegulationsYou may cancel the contract under the Distance Selling Regulations by notifying us no later than 14 working days after we deliver the goods that you are cancelling the contract. We strongly recommend that you do this by using our on-line returns tool - see our website for details.You may not cancel your contract with us under the Distance Selling Regulations where any audio or video recordings or computer software has been unsealed by you.If you cancel the contract under the Distance Selling Regulations, you must take reasonable care of the goods from the time you receive them until you return them to us. If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense.If you cancel the contract under the Distance Selling Regulations and do not return the goods as required, we may charge you our direct costs of recovering the goods.
Faulty goodsIn these terms and conditions, faulty goods means any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer.You should notify us as soon as possible if you discover that any goods are faulty goods.Our website gives details of how to notify us of any faulty goods and how to arrange for the problem to be resolved. We strongly recommend that you use our on-line returns tool (see our website for details).If you return goods because you think they are faulty goods, we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are not in fact faulty goods.
Returning goods – general When you return goods to us for any reason (for example because you have cancelled the contract under the Distance Selling Regulations or because you think they are defective goods):
you must ensure that they are properly and securely packaged and labelled with our address;
you are always responsible for any damage in transit that is due to incorrect or inadequate packaging by you; and
you are responsible for any damage or loss in transit where you arrange the transport (rather than using our courier).
Orders cancelled after 30 day initial purchase date will be subject to a re-stocking fee upto 20% of the purchase price subject to condition the orignal item is returned in
Force majeureWe shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.
Limitation of liability We shall not be liable to you for any loss or damage:
where there is no breach of a legal duty owed to you by us or by our employees or agents;
where such loss or damage is not reasonably foreseeable to us when we accept your order; or
to the extent that any increase in loss or damage results from breach by you of any term of the contract.
Our maximum liability to you under the contract shall be twice the value of the goods that you ordered.Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.These terms and conditions do not affect your statutory rights.
Images of goods on our website are for illustrative purposes only and may differ slightly from the actual goods. VAT The vast majority of our sales is of second-hand goods therefore we sell under the HMRC VAT margin scheme for used goods.
Full amount of VAT will not be charged and cannot be reclaimed under this scheme
Invoices provided for servicing, repairs and new products are charged at full VAT rate and an invoice is provided with reclaimable VAT
Law These terms and conditions and the contract are subject to English law.