Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase our Goods or Services. We look forward to seeing you again when you are over 18.
Our trading address is:
9 Laura House, Jengers Mead, Billingshurst, West Sussex RH14 9NZ, England.
Our company number is:
05402391, registered in England.
Our registered office is at:
1-7 Station Road, Crawley, West Sussex RH10 1HT.
a visitor to Our Website / Our Customer
The terms and conditions
In this Agreement:
means any person or business contracted by us to carry Goods from us to you.
means that you are visiting our Website and may purchase Goods or Services from us. If you are not a Consumer as defined above then you will be acting for a purpose in connection with your business.
means any content in any form published on Our Website by us or any third party with our consent.
means a code which may be used at the time of purchase on Our Website to obtain a discount on the price of a product(s) or other similar benefit.
means that you are visiting our Website and may purchase Goods or Services from us. If you are not a Consumer as defined above then you will be acting for a purpose in connection with your business.
means any of the Goods we offer for sale on Our Website, or, if the context requires, Goods we sell to you.
means an Item of Goods or an Item of Services (for example a training day) purchased by you from us.
means the entire computing hardware and software installation that is or supports Our Website whose address is www.bmarq.co.uk
means any of the Services we offer for sale on Our Website, or, if the context requires, Services we sell to you.
means the application of Value Added Tax at the prevailing rate for the United Kingdom.
In this Agreement unless the context otherwise requires:
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of Goods and/or Services by us to any Customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do something or to omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4 Except where stated otherwise, any obligation of any person arising from this Agreement may be performed by any other person.
2.5 In this Agreement, references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 The headings to the paragraphs and schedules (if any) to this Agreement do not affect the interpretation.
2.7 All money sums mentioned in this Agreement are calculated net of VAT, which will be charged when payment is due.
2.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.9 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.10 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods or Services and so far as the context allows, to you as a visitor to Our Website.
2.11 This Agreement is made only in the English language. If there is any conflict in meaning between the English language version of this Agreement and any version or translation of this Agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1 This Agreement contains the entire Agreement between the parties and supersedes all previous Agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this Agreement, he or she does not rely on any representation, warranty, information or document or other term not forming part of this Agreement.
3.3 Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are always available.
3.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods or Services. We advise you to print a copy for your records.
3.5 If in future, you buy Goods or Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
4. Acceptance of your order
4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
4.2 We shall confirm your order by e-mail.That is when our contract is made and, unless credit has been granted, the point at which your credit card or debit card payment has been processed.
4.3 We shall also subsequently confirm when your order has been shipped and re-affirm delivery time if this is different from that advised at the time of purchase.
4.4 If we do not have all of the Goods or Services you order in stock, we will offer you alternatives. If this happens you may:
4.4.1 accept the alternatives we offer;
4.4.2 cancel all or part of your order.
5. Price and Payment
5.1 It is possible that the price may have increased from that posted on Our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
5.2 Prices will, unless specifically exempt, be subject to VAT and this is clearly displayed on Our Website. The VAT will be Itemised separately on the invoice or receipt we issue to you.
5.3 If the Item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.4 We reserve the right to levy additional charges in respect of your payment by credit card and this is clearly displayed on Our Website. Currently we do not levy any charge for payment using a debit card but we reserve the right to do so in future should charges made by our card processors change.
5.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6 If, by mistake, we have under-priced an Item, we will not be liable to supply that Item to you at the stated price, provided that we notify you before we despatch it to you.
5.7 The price of the Items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.8 If we owe you money, we will credit your credit card account or your debit card account or, by prior agreement with you, your bank account. Alternatively, we may send you a cheque. Whichever method is used we will credit or refund you as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Consumer protection: cancellation and exclusions
This paragraph applies if and only if, you are a citizen of the European Union, and you bought the Goods as a Consumer (see ‘Definitions’ above):
6.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 No term in this Agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
6.3 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on Our Website.
6.4 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
6.5 If you cancel after we have despatched the Goods, we will refund the price of the Goods only.
6.6 The option to cancel your order is not available if the Goods are:
6.6.2 made or altered to your specification;
6.6.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened;
6.6.4 newspapers or magazines.
6.7 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
6.8 You are responsible for the cost of returning the Goods to us.
6.9 To assist us in identifying your Goods on receipt by us, we ask you to e-mail us at [email protected] or to telephone us on 01403 784 139 for a returns reference to be placed below our address / returns label.
6.10 If you fail to return the Goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
6.11 We will refund your money within 14 days of receipt by us of the returned Goods.
6.12 The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers and we are not necessarily experts in any or all of the Goods we sell. You alone must decide whether a product is suitable for your requirements.
6.13 This paragraph does not affect your rights in the event that the Goods are faulty.
7. Payment on running credit account
This paragraph applies only if credit facilities have been granted to you.
7.1 Payment will be due in accordance with our terms advised at the time we provide you with a written quotation for Goods and/or Services but in any event shall be no longer than 30 days from the date of our invoice.
7.2 We will provide details of our bank account so as to enable you to pay directly via the Internet or BACS.
7.3 We reserve the right to charge interest to your account after the due date, at the rate of 1.5% per month.
7.4 Where you have received Goods or Services from us and have not paid within the credit term granted we will contact you with a view to settling your account at the earliest opportunity. Most Customers respond positively to our requests to settle overdue payments but for those who do not, we will, at our discretion, seek to recover the unpaid amount together with any outstanding interest using all legal means at our disposal. Where such recovery is required and additional costs are incurred, such costs, together with any interest accruing, shall be passed on to you.
8. Delivery and pick up
8.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.5 All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may despatch a replacement quickly and minimise your inconvenience.
8.6 Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.7 Goods are sent by post or by courier. We will send you a message by email to tell you when we have despatched your order.
8.8 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.9 Some Items will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Items has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
8.10 Some Items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11 Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
8.12 We are happy for you to pick up Goods from our office premises provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
8.13 If you pick up Goods from our premises then:
8.13.1 we may not necessarily be able to assist you in loading heavy Items;
8.13.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our office premises;
8.13.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9. Foreign taxes and duties
9.1 If you are not in the United Kingdom, we have no knowledge of, and no responsibility for, the laws in your country.
9.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defects
10.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the Item is defective, the following conditions apply:
10.1.1 the defect must be reported touswithin four weeks of becoming apparent;
10.1.2 the defect results only from faulty design or manufacture;
10.1.3 youhave returned the defective Goods or parts tousif we have so requested.
10.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
10.3 If we repair or replace Goods,youhave no additional claim againstuseither under this Agreement or by statute or common law, in respect of the defect.
10.4 This paragraph does not apply where we have supplied items of computer hardware under a manufacturer’s ‘back to base’ or ‘on-site’ warranty. These Items shall be subject to return and subsequent repair or replacement under the terms of the manufacturer’s warranty.
10.5 This paragraph does also not apply to items of computer software that we supply which are covered by the manufacturer’s warranty set out in the end user licence agreement.
11. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
11.1 We do not accept returns unless you buy as a Consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2 If you purchase from us as a Consumer we are not obliged to accept the return of computer software media such as a CD or DVD if its seal has been broken. However, we will consider the return and replacement of defective media provided you act within the timescales set out in this paragraph.
11.3 Before you return a product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
11.4 The Goods must be returned to us as soon as any defect is discovered.
11.5 So far as possible, Goods should be returned:
11.5.1 with both Goods and all packaging as far as possible in their original condition;
11.5.2 securely wrapped;
11.5.3 including our delivery slip;
11.5.4 at your risk and cost.
11.6 You must tell us by email message to [email protected] you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.7 In returning a faulty Item please enclose with it a note clearly stating the fault and when it arises or arose.
11.8 Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
11.9 If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
11.10 If we agree that the Item is faulty, we will:
11.10.1 refund the cost of return carriage;
11.10.2 repair or replace the Item as we choose.
11.11 This paragraph does not apply where we have supplied items of computer hardware under a manufacturer’s ‘back to base’ or ‘on-site’ warranty. These Items shall be subject to return and subsequent repair or replacement under the terms of the manufacturer’s warranty.
12. Waste Electronic and Electrical Equipment Regulations 2006
12.1 These regulations provide that suppliers of equipment like high street shops and internet retailers must allow Consumers to return their waste equipment free of charge.
12.2 Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
12.3 If you wish to take advantage of this service, you must return your waste Item within 28 days of buying your new one. You must pay the carriage cost to us.
13.1 Conditions, warranties or other terms implied by the law of any county other than England and Wales, Scotland and Northern Ireland are excluded from this Agreement to the fullest extent permitted by law.
13.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods or Services, at any time and without advance notice.
13.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
13.4 We give no warranty and make no representation, express or implied, as to:
13.4.1 the quality of the Goods or Services
13.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
13.4.3 the correspondence of the Goods with any description;
13.4.4 the adequacy or appropriateness of the Goods for your purpose;
13.4.5 the truth of any Content on Our Website;
13.4.6 compliance with any law;
13.4.7 non-infringement of any right.
13.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods or Services.
13.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods or Services you have purchased.
14. Your account with us
14.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
14.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
14.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14.4 From time to time we make Coupons available to Customers which provide discounted prices on a certain product(s) or other similar benefits. Some Coupons are made generally available whereas others are issued to Customers on a personal basis and may only be used by a Customer using his or her own account on Our Website. Where we issue you with a Coupon which is for your personal use only you agree that you will not pass this Coupon on to anyone else nor allow anyone else to access your account on Our Website for the purpose of using your personal Coupon to obtain a benefit which was not intended for them.
15. Your Content
15.1 You agree that if you do post any Content on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Content.
15.2 You represent and warrant that:
15.2.1 you own the rights to all of the Content that you post;
15.2.2 any fact stated in your Content is accurate;
15.2.3 you accept personal and sole responsibility for your Content.
16. Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
16.1 You will not use or allow anyone else to use Our Website to post or otherwise publish:
16.1.1 copyright works;
16.1.2 commercial audio, video or music files;
16.1.3 any Content which violates the law of any established jurisdiction;
16.1.4 unlicensed software;
16.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
16.1.6 links to any of the Content specified in this paragraph;
16.1.7 pornographic Content;
16.1.8 any Content promoting discrimination or animosity to any person on grounds of gender, race or colour.
16.2 You will not use Our Website and any of its facilities or services for spamming. Spamming includes, but is not limited to:
16.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
16.2.2 the sending of junk mail;
16.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
16.2.4 excessive and repeated posting off-topic messages to newsgroups;
16.2.5 excessive and repeated cross-posting;
16.2.6 email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Content, or Content of any nature which could be deemed to be offensive;
16.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
18. Intellectual Property
18.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
18.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
18.3 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
18.4 Subject to the other terms of this Agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
19. System Security
19.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
19.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
19.3 You may not use any software tool for the purpose of extracting data from Our Website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
20. Miscellaneous matters
20.1 No amendment or variation to this Agreement is valid unless in writing, signed by each of the parties or his or her authorised representative.
20.2 So far as any time, date or period is mentioned in this Agreement, unless stated otherwise, time shall be of the essence.
20.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.4 Where we provide Goods or Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those Goods or that service.
20.5 If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.6 The rights and obligations of the parties set out in this Agreement shall pass to any permitted successor in title.
20.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.8 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
20.9 In the event of a dispute between the parties to this Agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
20.10 This Agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.11 In the event of any conflict between any term of this Agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this Agreement shall prevail.
20.12 Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
20.13 The validity, construction and performance of this Agreement shall be governed by the laws of England and Wales, Scotland and Northern Ireland.
21. Copyright in this document
This document is an adaptation of an original, copyright in which belongs to Net Lawman Ltd and Andrew R Taylor.