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Terms & conditions Of Sales

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GENERAL TERMS AND CONDITIONS OF SALE

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website networksupermarket.com (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. Information about us

Networksupermarket.com is a site operated by Networksupermarket.com Limited (we).  We are registered in England and Wales under company number 08143216 and with our registered office at Lexicon House Third Avenue, Poynton Industrial Estate, Poynton, Stockport, Cheshire, SK12 1YL. 

  1. Service availability

Our site is only intended for use by people resident in EEA, European Union, “Serviced Countries”.  We do not accept orders from individuals outside those countries.  Some restrictions are placed on the extent to which we accept orders from specific countries.  These restrictions can be found on our Serviced Countries page.  Please review our Serviced Countries page before ordering Products from us.

  1. Your status

By placing an order through our site, you warrant that:

    1. (if you are a consumer) you are legally capable of entering into binding contracts and you are at least 18 years old;
    2. (if you are a business customer) you have authority to bind any business on whose behalf you use the Website to purchase the Products
    3. you are resident in one of the Serviced Countries and you are accessing our site from that country.
    4. You shall comply with all laws and regulations relating to the ownership and use of the Products including but not limited to health and safety requirements.
    5. You shall, unless otherwise agreed, be solely responsible for the disposal of all Products and packaging in accordance with all laws and regulations (whether statutory or otherwise) relating to the protection of the environment including but not limited to the Waste Electrical and Electronic Equipment Directive 2002/96/EC and the Restriction of Hazardous Substances Directive 2002/95/EC.
    6. You shall comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including the Bribery Act 2010 (Relevant Requirements) and shall have and shall maintain in place your own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and will enforce them where appropriate.
    7. You will not forward or sell any encrypted Products to territories where those items are not permitted to be sold by local, US or EU laws, statutes and regulations in force from time to time and you will indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller resulting from your supply of the encrypted Products to any such restricted territory.
    8. You will ensure compliance with all EU, USA, and other applicable Export Compliance Regulations including but not limited to http://www.cisco.com/web/about/doing_business/legal/global_export_trade/general_export/contract_compliance.html and  http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/
  1. How the contract is formed between you and us
    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
    2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
    3. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  2. Our status
    1. Please note that in some cases, we accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly.  You should carefully review their terms and conditions applying to the transaction.
    2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
  3. Availability and delivery
    1. We will endeavour to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
    2. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence of the Contract.  We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
    3. If we are unable to meet the estimated delivery date because of a Force Majeure Event, we will contact you with a revised estimated delivery date.
    4. If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement products of similar description and quality in the cheapest market available, less the price of the Products.  We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
    5. If the Products are damaged on delivery or less than the correct amount of the Products is delivered, then unless you notify the us and the carrier (otherwise than by a note on the delivery note) within three days of delivery no claim against the Seller may be made in respect of damage to or short delivery of such Products.
    6. If the Products have not been delivered despite receipt by you of the invoice from the Seller relating to them, then unless you notify us within seven days after the date of such invoice no claim against the Seller may be made in respect of non-delivery of those Products.
    7. You shall be deemed to accept the Products on delivery notwithstanding any late delivery by us.
    8. If you fail to take delivery of the Products or fails to give us adequate delivery instructions before the estimated delivery date, then, without prejudice to any other right or remedy available to us, we may:-
      1. store the Products until actual delivery is made and charge you for the costs (including insurance) of storage; and/or
      2. sell or supply the Products in or to a third party in any country at the best price readily obtainable and (after deducting all storage and selling expenses) charge you for any shortfall below the price under the Contract
    9. and in either case shall be entitled to charge interest (both before and after any judgment) on the price payable for the Products under the Contract at 4% over the base rate from time to time of Royal Bank of Scotland PLC together with all costs and expenses incurred by Seller in storing Products, rearranging re-performing delivery of Products from the estimated delivery date to the date of actual delivery.
  4. Risk and title
    1. The Products will be at your risk from the time of delivery.
    2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products or any other contracts that we have with you, including delivery charges.
  5. Price and payment
    1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
    2. These prices include UK value added tax but exclude delivery, package and insurance costs, which will be added to the total amount due at the time you place your order.
    3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
    4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our 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 to you.  If a Product’s correct price is higher than the price stated on our site, 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.
    5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    6. Payment for all Products must be by credit or debit card.  We accept payment with [      ].
  6. Consumer cancellation and refunds
    1. 10 below).
    2. To cancel a Contract, you must inform us in writing.  You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession.  If you fail to comply with this obligation, we may have a right of action against you for compensation.
    3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  As a consumer, you have legal rights in relation to Products that are faulty or not as described.  Nothing in these terms and conditions will affect your statutory legal rights.
    1. When you return a Product to us:
      1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 9.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.  In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us;
      2. for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  7. Our liability if you are a business
    1. This paragraph 11 only applies if you are a business customer.
    2. We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.
    3. Nothing in these terms and conditions limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
    4. Subject to paragraph 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
    5. Subject to paragraph 11.2 and paragraph 11.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you ordered in connection with the Contract.
    6. Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
    7. Our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Product you purchased.  
  8. Our liability if you are a consumer
    1. This paragraph 12 only applies if you are a consumer.
    2. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    3. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
  9. Disclaimer
    1. The Products we sell are manufactured by a third party and that third party owns or is licensed to use all the intellectual property rights in the Products. We give no representations or warranties in respect of the intellectual property rights in the Products.
    2. While we use reasonable endeavours to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. The Products are sold on an "as is" basis and we give no guarantees or representations about the performance of the Products and any results you can expect from them.
  10. Import duty
    1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order. We will not be liable for any error on your part.
    2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.
  11. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We 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.

  1. Notices

All notices given by you to us must be sent to Lexicon House Third Avenue, Poynton Industrial Estate, Poynton, Stockport, Cheshire, SK12 1Y. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above.  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.

  1. Transfer of rights and obligations
    1. The contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  2. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  3. Waiver
    1. If we fail, 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 and conditions, or if we fail to exercise any of the rights or remedies to which we are 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.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
  4. Severability

If any of these terms and conditions 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.

  1. Entire agreement
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
  2. Our right to vary these terms and conditions
    1. We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
    2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  3. Law and jurisdiction

Contracts for the purchase of Products through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.