Terms and conditions

  1. Application of Conditions
    1. These terms of sale apply to all goods supplied by XePhi Ltd, whose registered office is at 8 Eastway, Sale, Cheshire, M33 4DX, (the "Supplier").
    2. No contract exists between you and the Supplier for the sale and supply of any goods until such time as the Supplier has received and accepted your order and the Supplier has received payment. Once the Supplier does so, there is a binding contract between you and the Supplier.
    3. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment has been received in full cleared funds.
    4. If payment is made through one of the website's "Express Checkout" methods, an e-mail will be sent to you by the payment provider. The Supplier will inform you by e-mail when the goods are ready to be shipped. An "Express Checkout" is a checkout performed using either PayPal or Google to speed up the checkout process and save you the time of entering your shipping and payment details for each order.
    5. The Supplier offers no assurance of the mutual compatibility of goods purchased. In the case of pre-built computer systems and laptop computers all reasonable steps will be taken to ensure the operational fitness of the system when used with the supplied software. In the case of no software being supplied no assurance of the ability to install software is given.

  2. Description and Price of the Goods
    1. The description and price of the goods will be shown on the Supplier's website at the time you place your order.
    2. Where a policy of guaranteed functionality is available for certain products, this policy is only applicable to full computer systems that are supplied with an operating system. A guarantee of functionality is only applicable to the operating system as supplied and covers the essential functions of the hardware. This does include the basic stability of the system as supplied but does not cover the stability if any software changes are made. Under the terms of this policy, you are entitled to cancel your order within 14 working days of receipt of the goods if you can demonstrate the hardware that was advertised as compatible is not functional.
    3. Every effort is made to ensure that prices shown on the checkout pages of the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible, using the e-mail address you supplied when ordering, to offer you the option of reconfirming your order at the correct price or cancelling the order. If the Supplier does not receive an order confirmation with 14 days your order will be automatically cancelled and any payment that has been taken will be refunded.
    4. The prices listed in the online catalogue may not include a delivery charge which will be payable by you. The cost of delivery will be clearly shown before you place your order. In the case where the delivery charge was wrongly quoted the policy above will apply, giving you an option to confirm the new price or cancel the order.
    5. Stock levels quoted on the website are an estimate only.
    6. From time to time it may be necessary to replace one or more components of a multi-part system with another item. The replacement item will always be of an equal or greater value and in the case of a replacement causing a major visual or operational change the Supplier will contact you to confirm the change of order.
    7. Product images are for illustrative purposes only and may differ from the actual product.

  3. Payment
    1. Payment for the goods and any additional delivery charges can be made by any method shown on the Supplier's website at the time you place your order.
    2. Payment must be received in full before delivery.
    3. In the case of credit card payments, the value of the order will only be taken from your account once we have confirmed sufficient stock levels.
    4. If your order includes any pre-built computer systems we must receive cleared funds before the build process will begin.
    5. The Supplier reserves the right to levy charges for any of the following services: Inspection of any piece of computer equipment and installation / replacement of either software or hardware - Use of credit / debit cards or rapid cheque clearance facilities - Diagnosis and testing of any problems encountered with either hardware or software - Recovery of any hardware or software problems and backup of any data when requested by the customer.
    6. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.

  4. Delivery
    1. The delivery date specified in the Order Confirmation is an estimate.
    2. The place of delivery is as stated in the Order Confirmation.
    3. If you fail to take delivery of the goods because you have chosen to cancel your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier in good condition. Should you fail to return the goods the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods.
    4. Should you require the goods to be delivered to an alternate location after the goods have been dispatched you may be required to pay an additional postage charge.
    5. Every effort will be made to dispatch the goods as soon as possible after your order has been accepted. However the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay.
    6. The Supplier wiil not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date as given to you by e-mail once your order has been dispatched.
    7. For practical reasons, goods may be delivered in instalments which shall be communicated to you.
    8. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the packaging does not appear to be in good condition please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

  5. Title of the Goods
    1. The title of the goods shall not pass to you until the Supplier has received cleared payment in full.
    2. The Supplier shall be entitled to recover payment for the goods, either in the hands of the customer or a liquidator, even though ownership of any goods has not passed from the Supplier.

  6. Your Right to Cancel an Order or Return the Goods and Receive a Refund
    1. You have the right to cancel the contract at any time up to the end of the 7th working day after you receive the goods.
    2. To exercise your right to cancel you must give written notice to the Supplier by hand, post or by e-mail to cserve@xephi.co.uk, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
    3. Except in the case of faulty or misdescribed goods, if you are exercising your right to cancel after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit. If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
    4. You do not have the right to cancel the order if the order is for computer software that has been supplied with a seal that you have broken, or for consumable goods, save where a fault is discovered that could not have been identified otherwise than unsealing the goods.
    5. PC Systems are built to customer specifications and the following cancellation charges apply:
      Stage Charge
      Paperwork Stage £10
      Component Items Picked £15
      Build has Commenced £45
      Build has completed £60
    6. An order cancelled in transit will incur the standard cancellation fee plus additional delivery costs at the expense of the customer.
    7. In the event of an order returned due to non-delivery the transit costs will be at the expense of the customer.

  7. Warranty
    1. All goods, except batteries, supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). Batteries for laptop computers come with a 6 month warranty. This warranty does not affect your statutory rights as a consumer.
    2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise that as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
    3. All TFT monitors supplied by XePhi Ltd. fall into Class II as defined by ISO-13406-2 for dead pixel limits. Follow this link for full details of TFT Monitor dead pixel allowances.
    4. The warranty offered in data storage devices extends only to the mechanical workings of the device and not the data stored.
    5. If the goods supplied to you are damaged or items are missing/incomplete on delivery you must notify the Supplier within 48 hours.
    6. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
    7. If a product that was faulty at the time of sale is returned to the Supplier withing 28 days, the buyer is entitled to a full refund. After this time a replacement product or credit note (to the value of a replacement) will be offered.
    8. It is the buyers responsibility to return and collect the goods from the Supplier's premises.
    9. The Supplier does not warrant computer systems or hardware as fit for any particular purpose. The buyer should check suitability prior to ordering.

  8. Liability
    1. Subject to 8.ii below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
      1. there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
      2. such loss or damage is not a reasonably foreseeable result of any such breach;
      3. any increase in loss or damage resulting from breach by you of any term of this contract.
    2. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
    3. If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

  9. Intellectual Property, Copyright and Trademarks
    1. The buyer Indemnifies XePhi Ltd for any claim which arises due to the buyer's own actions of which XePhi Ltd had no knowledge or could not reasonably be expected to have had knowledge.
    2. The Source Code for any GPL Licensed code that has been supplied by the Supplier can be requested by sending an e-mail to gpl@xephi.co.uk listing the packages that are needed. A reasonable fee may be charged for this process which will be dependent upon the number of packages requested.
    3. Trademarks
      Linux is a trademark of Linus Torvalds, Debian is a trademark of Software in the Public Interest, Inc. Windows is allegedly a trademark of Microsoft Corporation. Kubuntu, Ubuntu and Canonical are registered trademarks of Canonical Ltd, Linspire and CNR are trademarks of Linspire, Inc.
    4. The XePhi logo, this website and all XePhi created materials are copyright of XePhi Ltd.

  10. Data Protection & Privacy
    1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
    2. All data obtained by the Supplier will be held and processed in accordance with the Data Protection Act.
    3. We will not sell your information to third parties.
    4. We will not give your information to any third party without your explicit consent and only when absolutely necessary.
    5. You will only receive additional e-mail unrelated to your order from the Supplier if you explicitly request them.
    6. You may ask to be removed from our mailing list at any time and you may rejoin at any time. We will always act on your request as quickly a possible.

  11. Confidentiality
    1. Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information.

  12. Law and Jurisdiction
    1. This Agreement is to be interpreted in accordance with English Law but may be subject for Consumers to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts.
    2. If any part of these Conditions are found to be unenforceable by a court, the rest are unaffected. All notices must be in writing and sent to a legal officer of each party, at the address provided on the invoice.