Terms & Conditions
Standard Terms and Conditions for Sale of Goods tonertopup urefilltoner laserprinter ink refills inkjet cartridge recycling recycle resetter hp brother reuse drum disposal best free cheap
Smith and Young Sales Ltd
trading as EcoStar Printer Chips
Contact address: The White House, Toys Hill, Westerham, TN16 1QG, England
Registered in England Number 2965587
VAT Registered Number 644470732
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller and published on its website as amended from time to time;
1.4 "Seller" means Smith and Young Sales Ltd
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller not withstanding that the Seller may have taken payment from the Buyer at the time of the placing of the order. The Seller may choose not to accept an order for any reason.
2.3 Should the Seller choose not to accept any order, any payment made for the order will be returned to the Buyer within 3 days.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.5 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.6 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current Price List or on the Seller's website or as contained in the Seller's Quotation (as applicable) at the date of order or otherwise as agreed between the parties. The price is exclusive of VAT and exclusive of delivery charges. Errors or omissions may be corrected at any stage of the sale contract. Prices are subject to change without notice. Quotations are valid for two months unless otherwise specified.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods unless a specific agreement for credit terms has been made between the parties in which case these terms shall be incorporated into the contract.
4.1 Delivery of the Goods shall be made by the Seller using Royal Mail services or private carrier companies.
4.2 All Goods for UK customers, wherever possible, will be delivered within 7 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 For International customers the Seller aims to deliver all goods within Royal Mail's stated timeframe of 3-5 days for Europe, and 7-9 days for the rest of the world. This is dependent on the foreign postal service and there may be delays for customs clearance. The Seller is not liable for delays caused by foreign postal services or customs clearance.
4.4 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.5 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 The Seller warrants that chips and toner supplied as fit for a specific model of machine will not damage that machine provided that all instructions for use are complied with by the Buyer.
5.3 The Seller specifically excludes any warranty that colour toners will match the characteristics in colour or other respects of the original manufacturer’s toner supplied with the machine.
5.4 In the case of updated printer firmware causing rejection of a chip, the Seller guarantees that the chip will be working at the date of the Buyer's order. If a chip is rejected when the Buyer first receives it, the Seller will replace the chip with an updated version. If the updated chip is rejected or unavailable then the chip is defective and the Buyer will receive a refund of the monies paid for this chip only. The Seller will not refund for any other items purchased, and is not responsible for any consequesial losses arising from the rejected chip.
5.5 If the Buyer's firmware is updated at a date subsequent to receiving the chip, it may be rejected. The seller does not offer a replacement chip or refund for firmware updates that occur after the Buyer's purchase. We encourage the Buyer to disable firmware updates where possible.
5.6 In all cases when a chip is rejected the Seller may not have the updated version chip in stock. There can be a delay of up to three months to source the working replacement chip. The Buyer may not be able to use their refilled cartridge during this period. The Seller is not liable for any consequential losses arising from the delay.
5.7 The Seller is not responsible for any error messages that do not arise directly from the electrical behaviour of chip. If another part of the printer, or its consumbables cause an error then this is not due to the chip. The Seller accepts no liability for such errors arising from other parts of the printer, and is not responsible for any consequential losses or delays that they may cause.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the invoice number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Due to the ease with which electronic chips are damaged by static electricity, chips will only be accepted for return if they are still sealed within their original packaging.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the order and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. Provided the Goods are in a saleable condition when received by the Seller, the Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
7 NO QUIBBLE GUARANTEE
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 3 months from the date of delivery.
In the unlikely event that one of our products proves faulty the Seller will replace it at no cost to the Buyer, or refund 100% of the price the Buyer paid.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.