Terms and Conditions
The placing of an order indicates your acceptance of these terms and conditions. Customers must be at least 18 years of age to place an order with Netcom. Please note that each order for goods is an offer by you to purchase goods from Netcom subject to these terms and conditions. It is only when we have despatched goods to you that a binding contract has been created.
We have the right to refuse at our discretion to supply any goods ordered by you.
a) 'Company' means Netcom.
b) 'Customer' means any individual or firm offering to purchase goods from Netcom.
c) 'Goods' means any products or services that Netcom has sold or is proposing to sell to the customer.
d) 'Agreement' means any transaction or proposed transaction between Netcom and the customer relating to the sale / purchase of goods.
e) These terms and conditions shall apply to and be incorporated into every agreement between Netcom and the customer.
f) These terms and conditions supersede any previous terms and conditions of Netcom.
g) These terms and conditions shall take precedence over any terms and conditions of the customer and shall not be varied without the written consent of Netcom.
a) Unless otherwise stated, prices quoted by Netcom are exclusive of value added tax, delivery, insurance and payment surcharges (where applicable).
b) Netcom shall be entitled to apply additional delivery charges where the customer requests partial delivery of an order.
c) Prices quoted are those current at the time of quotation. Netcom shall be entitled to alter prices to those current at the time of order, or withdraw the quotation where the goods can no longer be supplied.
d) Netcom shall be entitled to alter prices to correct errors or omissions.
a) Payment for all goods must be made in full, at the time of order, by credit or debit card. Payment by other methods, for example by cheque or BACS must be agreed by Netcom in writing and the funds cleared into Netcom's bank account prior to goods being despatched.
b) Netcom will not deliver goods before the credit card transaction has been authorised.
c) Netcom will not deliver goods if it has any evidence or suspicion that a credit card is being used fraudulently.
d) Netcom will pass on all information it holds about a customer on request by the police or other authorities where a credit card has been used to commit fraud or any other crime.
e) If, for any reason, full payment has not been received by Netcom for goods that are in the possession of the customer, interest shall accrue on the outstanding amount from the date of delivery, on a daily basis, at the base rate plus 8% per provision of the late payment of commercial debts (Interest) ACT 1998.
a) All delivery dates quoted, whether verbally or otherwise are estimates and are therefore not guaranteed. Netcom shall have no liability for any delay in delivery or non-delivery or for any consequential loss.
b) Delivery of goods to the customer's address or any other place requested shall constitute delivery and the risk passes upon such delivery to the customer.
c) Netcom shall be entitled to make partial deliveries, in which case these terms and conditions shall apply to each partial delivery.
d) If a customer has not been able to accept delivery when a courier or Royal Mail has attempted delivery then any costs incurred by Netcom in re-delivery or attempted re-delivery to the customer shall be chargeable to the customer.
e) If a customer has not collected a parcel from a courier or Royal Mail following an attempted delivery and the parcel is subsequently returned to Netcom than all costs incurred in such a redelivery shall be chargeable to the customer.
f) If following return of a parcel to Netcom, the customer wishes redelivery than the costs of carriage shall be borne by the customer.
g) The customer agrees to give Netcom the authority for such additional costs to be charged to the credit or debit card used for the original purchase.
5. Loss or Damage in Transit
a) Netcom will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Netcom within three working days of delivery or expected delivery.
b) In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by Netcom or it's representatives on request.
a) Even where goods have been delivered and the customer is responsible for any loss, destruction of or damage to them, the legal and beneficial ownership of the goods will remain with Netcom until Netcom has received payment in full of :- i) all amounts payable to Netcom in relation to the agreement, and ii) all other amounts due from the customer to Netcom in respect of any and all other agreements.
b) Until the customer becomes the owner of the goods in accordance with 6a) above, the customer shall :- i) hold the goods on behalf of Netcom, who may, at any time and without prior notice, require the customer to deliver the goods to Netcom and, if it fails to do so, enter the premises where the goods are situated with its representatives to repossess the goods; ii) not sell, part with possession of, use, or do anything else detrimental to Netcom's ownership of the goods and will ensure that they are kept separate from any other item, properly stored, protected and clearly identified as Netcom's property, and are insured to their full replacement value against all normal comprehensive risks.
c) After Netcom has repossessed any goods it may sell them and the proceeds of sale will belong to Netcom absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by Netcom are less than the amount payable to it in relation to the agreement, it may recover the balance from the customer.
d) The customer will become responsible for any loss, destruction of or damage to any goods on their delivery.
e) If ownership of the goods has not passed to Netcom, in the event of any loss, destruction of or damage, all insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for Netcom in a separate account and first be applied towards discharging any sums payable under the agreement.
f) Even if ownership of the goods has not passed to the customer, Netcom may recover all sums payable to it in relation to the agreement.
g) If the customer is served a statutory demand or an administration order or petitioned for bankruptcy or winding up order or enters into an IVA or CVA or compounds any amounts with his creditors, the title of goods remains in its absolute with Netcom.
7. Returns and Cancellations
The customer shall not return any goods (except in accordance with Condition 8), or cancel any orders without Netcom's written consent. Such consent may not be given where goods have been specially purchased by Netcom to meet the customer's requirements, or if the goods have a sales value of £20 + VAT or less. If Netcom at its discretion gives consent, it reserves the right to charge a restocking fee of 15% + VAT of the price of the goods in question, or £15 + VAT, whichever the greater. All returns and order cancellations to Netcom are subject to Netcom's Refund Policy. The Refund Policy is hereby incorporated into and forms an integral part of these Terms & Conditions.
8. Availability of Goods
All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled. We offer an extended range of products which are obtained directly from our suppliers. These products are subject to suppliers’ stock availability and delivery dates made by the suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.
a) If within 7 days of being delivered, any defect in the goods is discovered which is directly due to faulty materials or workmanship, Netcom or the manufacturer of the goods will at it's option remedy the defect or damage by replacement or give a full refund, or a credit note to the customer, to be utilised firstly against any existing indebtedness and the balance refunded.
b) The guarantee will be subject to the following conditions :-
i) it will not apply to defect or damage resulting from any alteration or modification of the goods without Netcom's prior written consent, incorrect storage, normal wear and tear, misuse, abnormal conditions of use, incorrect installation, maintenance or repair, use which is not in accordance with the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
ii) The customer must complete and submit Netcom's Return of Materials Authorisation (RMA) form in relation to any such defect or damage. If it appears to Netcom from the information submitted on the RMA form that such defect or damage is covered by the guarantee, then an RMA number will be issued confirming the goods in question may be returned, subject to verification by Netcom on inspection of the goods. RMA numbers issued by Netcom are valid for seven days from the date of issue. After this period the RMA log is closed and a new RMA number must be obtained.
iii) allegedly defective or damaged goods must be returned to Netcom at the customer's cost, in original packaging, complete with all related documentation and accessories. Goods must be packaged in the appropriate fashion and clearly labelled with the relevant RMA number. Failure to do so may result in the goods being refused on arrival at our warehouse.
iv) the guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
10. Exclusion of Liability
a) The guarantee in condition 9 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the goods (except for Netcom's title to them) which are hereby excluded to the fullest extent permitted by law.
b) Neither Netcom nor its representatives or agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs, expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by Netcom or any fault in or the supply, use, presence or resale of the goods.
c) Excluding Netcom's liability arising in condition 8, all warranties or conditions implied by law regarding the goods and without affecting conditions 9 a) and 9 b), the aggregate liability of Netcom whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 9 b) will be limited to an amount equal to the net invoice value of the goods. d) The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
The customer undertakes to Netcom that it will immediately indemnify Netcom against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the customer of any terms of the agreement.
12. Website Use
The customer will take all reasonable steps to ensure that it's authorised website users do not disclose usernames or security passwords to any third party, whether an employee of the customer or not. If the customer becomes aware that there has been disclosure by any of it's authorised users, the customer must inform Netcom immediately.
13. Photos and Other Information
a) All photos, illustrations and other information contained on the website, sales literature and price lists are representative, for guidance only and do not form part of this agreement.
b) The customer should check specifications, compatibility, suitability and legality of goods with manufacturers before ordering if in any way unsure. Any advice or opinion offered by Netcom or its representatives should not be relied upon to make a purchasing decision.
14. Trade Marks, Trade Names, Copyrights, Patents and Intellectual Property Rights
a) The customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the customer.
b) Goods are not licensed by Netcom and may require manufacturers agreement or license for use or resale in certain markets.
c) OEM goods must be sold on by the customer with hardware, in accordance with the manufacturers requirements. d) Goods must not be altered, sold or used in any way that was not intended by the manufacturer.
15. Force Majeure
Netcom will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond Netcom's control. This includes, but is not limited to breakdown of plant or machinery, strike, industrial dispute, shortage or delay in receiving goods, war (whether declared or not), terrorism, or Act of God. If any such event continues for more than 28 consecutive days, Netcom may terminate the agreement by written notice to the customer without prejudice to the accrued rights of either party.
16. Set Off
Netcom shall be entitled but not obliged at any time to set off any sum payable by or any liability of the customer against any sum payable by or liability of Netcom to the customer. Any exercise by Netcom of this right will be without prejudice to its other rights under the contract relating to the supply of the goods.
Netcom reserves the right to sub-contract any part of any work or supply of any goods or services.
18. Constructionand Use
Netcom shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of order.
Netcom shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right Netcom may otherwise make or exercise where :- a) The customer is in breach of any term, condition or provision of this agreement or required by law. b) The customer shall go into liquidation, or if any petition or resolution to wind up the customer shall be presented, or if a receiver is appointed, or if the customer shall commit any act of bankruptcy. In case of a limited company, the liability of any amounts outstanding will be passed onto the directors on a joint & several basis.
20. Law and Jurisdiction
These terms and conditions shall be subject to the exclusive laws and jurisdiction of England.
21. Errors and Omissions
Any unintentional errors and omissions shall not alter the intent of these terms and conditions.