Encore PC – TERMS AND CONDITIONS OF SALE

Welcome to the Encore PC Website, retail outlet for PC's from Stone Computers.

The Encore PC Website offers you the opportunity to purchase a range of products and accessories at discounted prices.

Please browse our Website to see the products that we have available. If you see anything you like, add it to your basket and, when you’ve chosen everything you want, proceed to checkout. All orders placed via the Website will be governed by these terms and conditions. You should therefore read these terms carefully before you place your order as they explain your and our legal rights and also contain important information about our contract with you and how your order will be dealt with. If you have any questions, please contact us before you place your order by calling 01785 786786 or by emailing us at support@encore-pc.co.uk.

We recommend that you print a copy of these terms for your future reference.

ABOUT US

Encore is a trading name of Stone Computers Limited, a company registered in England and Wales. Our company number is 2658501 and our VAT number is GB 747 8788 57. Our registered office address is Granite One Hundred, Acton Gate, Stafford, Staffordshire, ST18 9AA, and this is also the address that you can write to if you need to contact us, for example if you have any questions about your order. You can also contact us 08448 549 800 or support@encore-pc.co.uk.

ABOUT YOU

If we need to contact you about your order, we will usually do this by email, using the email address associated with your account. We may also contact you by phone or by post, again using the contact details associated with your account (or the details you provided with the relevant order, if different). Before you place your order, please make sure that all of your details are correct. If any of your details change after you place your order you should update your contact details in your account straight away so that we can continue to get in touch with you if we need to.

PLACING AN ORDER

All orders must be placed via the website or by phone (01785 786786). You can place an order by adding the product or products that you want to order to your basket, proceeding to the checkout and then following the on-screen process. Once you place an order, you will receive an automated email confirming receipt of your order. If you do not receive this within 24 hours of placing your order please check your spam filter. If you are still unable to locate the email please contact us by sending an email to support@encore-pc.co.uk to check that we have received your order. Our email confirming receipt of your order constitutes acceptance of your order and will form a legally binding contract between us and you for the sale of the products, governed by these terms.

OUR PRODUCTS

General

Before ordering a product, please read the description carefully to ensure that you understand all the key features of the product and that it meets your requirements. If you have any questions, let us know. We may display images of our products on the Website. However, the way that these images will display on your screen will depend on the display settings of your device and therefore colours and other aspects of the products may look slightly different in real life to the way they look on-screen. Any product packaging shown is for illustration purposes only and the packaging of the product you receive may be different.

Electronic devices

You may be aware that updates are regularly issued to the operating systems and other software which may come pre-installed on the device. The device may not have the latest version of the operating system when you receive it, but this should be available from the software provider for download at no additional charge either immediately after setting up the device or soon after. You may need to have the latest version of the operating system to enjoy the full functionality of the device and to be able to install and use the latest apps. However, please be aware that we are not responsible for the content of any updates and cannot be responsible for any damage caused to your device by installing an update.

Accessories

Connectors and functionality varies from device to device. Please check carefully before you purchase an accessory to ensure that it is compatible with your particular device.

Monitors

All monitors that we provide will conform to ISO 9241-307 “class II” pixel defect standard or any standard that has replaced this at the time we dispatch the goods to you. What this means is that during the life of the monitor for every one million pixels up to two pixels may become permanently stuck “on”, up to two pixels may become permanently stuck “off”, and between five and ten pixels may become brighter or darker than they should be. This is within the fault tolerance for the monitors we sell and we will therefore not normally be able to accept returns (other than under your 14 day cancellation right as described in paragraph 8.2) for faults falling within these limits. If this is an issue for you, we recommend that you look for “class I” or “class 0” products, available from other suppliers.

Batteries

Many of our products include rechargeable batteries.By their nature, batteries degrade over time so that they will have progressively less storage capacity as a result of passage of time and usage all of our batteries have been tested to work for upto 30 minutes of battery life. This is an issue with all rechargeable batteries and you should be aware of this before you make a purchase. Please also note that the rechargeable battery may not be replaceable or may require return to the manufacturer for replacement.

WARRANTIES, GUARANTEES AND INSURANCE

Manufacturer warranties and guarantees

Some of our products also come with a warranty or guarantee from the manufacturer. These may be subject to limitations or conditions, including a requirement to register the product or to use it only in certain ways. Details will be provided with the product and you should read them carefully.

Manufacturer warranties and guarantees are offered by the manufacturer.

Unless the product you have purchased is “Stone Group” branded, we are not the manufacturer and therefore not responsible for the product warranty. If you want to make a claim under a product warranty or guarantee you should contact the manufacturer in accordance with the process set out in the documentation. Any warranty or guarantee provided with a product is in addition to and not in place of your rights under these terms and your other legal rights. Any products that are sold with a 90 day return to base warranty that is provided by Stone Computers. Unless otherwise stated, all devices are no longer covered by the original manufacturers warranty. See paragraph 12.3 for more information.

Extended warranties

In addition to any manufacturer warranty, we may offer you the opportunity to take out an extended warranty. These extended warranties may be provided by us, the manufacturer or a third party. Where the extended warranty is provided by us, we shall be responsible for fulfilling the obligations under the warranty, but we may engage carefully selected partners to assist us in doing so. Where the extended warranty is provided by a manufacturer or third party then any claims should be made directly to the manufacturer or third party in accordance with the warranty terms. The extended warranty will last for the selected period and will be governed by the warranty terms, accessible via the Website. By purchasing an extended warranty you agree to accept and comply with the extended warranty terms. The extended warranty is intended to be additional to, and not to replace, your rights under these terms and your other legal rights. You are entitled to exercise your rights set out in these terms and given to you by law whether or not you take out an extended warranty.

Insurance

We may offer the opportunity to purchase insurance for some of the products that we offer through the Website. Where we do so, the options will be displayed on the Website and you can select the option you require. Although you are purchasing the insurance through the Website, the insurance is provided by Compucover and is subject to their terms and conditions, a copy of which is accessible through the Website. By purchasing insurance you confirm that you understand that your contract of insurance will be with Compucover and you agree to accept and comply with their terms. We offer the insurance to you in conjunction with the products for your convenience. However, as we do not know your specific circumstances we cannot confirm that you are eligible to benefit from the insurance, that it will meet your requirements or that it represents the best deal for you. Before choosing to purchase the insurance you should read the terms carefully to understand what is and what is not covered. You should also consider whether the products may be covered by insurance you already have, such as home insurance. If not, you may wish to compare the insurance offered through the Website with similar policies offered by other providers. If you have any questions about the insurance, contact Compucover using the contact details providing in the documentation referred to above.

PRICE AND PAYMENT

The price of our products (which includes VAT) is shown on the Website, and the total price that you will pay will be shown during the order process. We take all reasonable care to ensure that the price of the products indicated to you is correct. If we identify an error before we accept your order then we may decline to accept your order as described in paragraph 9.1, in which case you will be entitled to submit a further order at the correct price. Please see the Website for information as to the payment methods we accept.

We will take payment using the selected payment method when we receive your order.

If we are unable to take payment for any reason we will contact you and ask you to make payment by an alternative method. We will not be able to dispatch the products until cleared payment is received.

DELIVERY

We will deliver your product(s) to the delivery address that you have provided. We can only dispatch products to UK addresses. The delivery costs (if any) that you will have to pay will be shown during the order process. By placing an order, you are agreeing to pay these in addition to the price of the product(s). We may arrange delivery of the product(s) ourselves or arrange with a third party supplier to deliver them to you directly. In either case you should contact us in the first instance if there is any issue with your delivery. Where the products are in stock we will aim to dispatch the products (or arrange the dispatch of the products) promptly following receipt of your order. Where you order multiple products and only some are in stock we may wait until all products are in stock and then dispatch your order in full, or alternatively we may dispatch your order in instalments. Where a product is out-of-stock when you place your order we will dispatch the product (or arrange the dispatch of the product) promptly following the product coming back into stock. As many of the products are dispatched directly by third parties, it is not normally possible to display estimated dispatch time or stock levels on the Website. If the delivery timescale is important to you, please contact us before you place your order so that we can check whether the product you wish to order is in stock and whether we are likely to be able to get it to you within the required timescale. If we do not dispatch the product(s) you have ordered within your required timescale you may cancel at any time up to dispatch in accordance with paragraph 8.1 (and in most cases within 14 days of receipt of the products in accordance with paragraph 8.2). We will deliver the product(s) to (or arrange for the product(s) to be delivered to) the delivery address that you gave us when you placed your order. Our courier may leave the product with anybody at the address provided that they are or appear to be at least 18 years of age. Where there is nobody at the address to accept the delivery, the courier may alternatively leave the product(s) in a safe place at your property or with a neighbour. In this case, our courier’s delivery of the products to the safe place or the neighbour’s address will complete our delivery obligations. The product becomes your property and responsibility from the point at which it is delivered to you (or left in the safe place or with your neighbour). If delivery is unsuccessful then the product(s) will be returned to our (or our supplier’s or courier’s) warehouse and you must contact us to arrange re-delivery (for which you may have to pay a reasonable additional fee) within 30 days. If you do not make arrangements for re-delivery within 30 days then we may cancel your order and end the contract.

CANCELLATIONS / RETURNS

Cancellation before dispatch

If you want to make any changes once you have placed your order but before your products have been dispatched (including cancelling your order or part of it) please let us know as soon as possible. We will try to make the change for you, but if the product is dispatched before we are able to make the change then you may need to return the product as described in paragraph 8.2. If a refund is due, we will make the refund within 14 days using the same payment method you used to pay for the products.

Cancellation if you change your mind after dispatch

You have the right to cancel this contract within 14 days of receiving the products without giving any reason. To do so you must inform us by a clear statement (for example, a letter sent by post or an email). You must send your cancellation request before the 14 day period expires. When you cancel, you must return the products to us. Upon receipt of your cancellation request we will let you know whether we will arrange the collection of the products or whether you will need to send them back to us (and, if so, to what address). We will also provide you with a “RMA Number” which you should include with the products when you return them. If we ask you to send the product(s) back to us, you will be responsible for the cost of return postage. If we are collecting the products, we will refund you within 14 days of the date you made your cancellation request. If you are sending the products back, we will refund you within 14 days of the date on which we receive the products back from you (or evidence that you have returned them). Any refund will be made using the same payment method you used to pay for the products. You will receive a full refund on the amount you paid for the products and for the delivery of the products to you unless:

You have used the products in a way that goes beyond what would be necessary to generally examine them on receipt and check their features and functionality (in a way that is more than you would be allowed to examine the products in a shop), in which case we may make a reasonable deduction from the refund to take account of the loss in value of the products as a result of that use. You selected a premium postage option, in which case you will only receive reimbursement to the value of the products plus the basic delivery charge. Unfortunately we cannot accept the return of the following types of products once they have been unsealed (unless there is a problem with them, in which case please see paragraph 8.3 below):

Products that we could not re-sell due to health or hygiene reasons.

Computer software.

Cancellation if there is a problem with a product

If a product that you purchase is not of satisfactory quality, not fit for the purpose for which it would usually be used or a purpose that you told us you would be using it for before you placed your order or does not meet the description given on our Website, you may reject the affected product within 30 days of receipt. If you do not reject the product within 30 days, you may still reject it for up to six months after delivery provided that you first give us the chance to repair or replace the product (at your option) and we are unable to do so. You may also be able to reject the product later than six months after they were delivered if you can prove that there was a problem present when they were delivered. Please see the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 for more information (Citizens Advice is an independent organisation and we are not affiliated with them in any way). Where you reject the product because of a problem, we will either offer to collect it or ask you to send it back to us. If we ask you to send it back, we will reimburse your reasonable costs of doing so. If the return is within six months of receipt of the product you will be entitled to a full refund of the price of the product and the delivery charges. The refund may be lower if you reject the product later than this. The refund will be made within 14 days of us agreeing that you are entitled to it. Please see paragraph 12.3 for more information on defective or incorrect products. Cancellation for any other reason

Paragraphs 8.1 to 8.3 describe the cancellation rights that we offer and we will generally not be able to accept the cancellation of your order or the return of products other than in the circumstances described in those paragraphs. However, nothing in these terms is intended to override your ordinary legal rights and we will comply with our legal obligations to accept returns and issue refunds where otherwise required by law (for example product recalls). If you do decide you no longer want a product and your cancellation rights have expired, you can of course dispose of the product by private sale. However, in some cases we may be able to buy the products back from you. If you are interested in this option, please select the “buy back” option on the Website and complete the relevant information and we will get in contact with you to let you know if we are prepared to do so and the price that we are prepared to pay. See paragraph 11 for more information.

OUR RIGHTS TO REFUSE OR CANCEL YOUR ORDER

Although we aim to fulfil all orders placed via the Website in accordance with these terms, we may need to cancel orders for various reasons, for example because a product is out of stock (and is unlikely to come back into stock in the near future) or there was an error in the advertised price or description. We will only cancel a properly placed order where we have a good reason to do so and where we do so we will discuss other options with you, for example alternative products that may be available or the option of purchasing the product at the correct price. We may also cancel your order after dispatch if we are unable to deliver the product to you and you fail to make arrangements for re-delivery within 30 days as described within paragraph 7.12. In any case where we cancel your order, we will give you a full refund within 14 days of the date on which we cancel your order.

DISPOSAL AND RECYCLING

You may be aware that the disposal of old electronic equipment in landfill is a major and growing environmental problem. You should not dispose of electronic or electrical equipment in your general household waste bins. Your local authority may make specific arrangements for the collection of this type of waste separately and/or provide local facilities where this type of waste can be taken. The government is also taking steps to address this problem and one of these steps is requiring manufacturers and distributors selling new electronic equipment to provide a free recycling service for the equipment being replaced. We will provide a free of charge recycling service for customers using this Website. For details as to how to use this service please contact recycling@stonegroup.co.uk or phone 01785 786 862. Please state which organisation gave you access to the Website for original purchase of the equipment. This paragraph 10 does not affect your other options, such as a private sale of the device, giving it to a relative or friend or taking the device to a local authority collection point for recycling (see www.recyclenow.com/local-recycling to find a recycling point local to you). Please take care to securely delete any data from the device before you do so. Guidance as to how to do this is available online.

“BUY BACK” SCHEME

We are pleased to offer a “buy back” scheme, allowing you to sell your old devices to us in return for a cash payment that you can either put towards a new device or use for any other purposes you wish. If you are interested in selling a product to us through the “buy back” scheme, please select the “buy back” option on the Website and complete the relevant information. You must complete the information honestly and to the best of your ability. Please note that we can only offer buy back on certain devices – if the device you own is not listed on the “buy back” section of the Website then we are unfortunately unable to offer to purchase it. Once you complete the “buy back” form a “buy back price” will be displayed. This is automatically generated on the basis of the information you input and is intended to indicate the price that we would normally pay for that type of product in that type of condition. However, it is not a legally binding offer and the display of a “buy back price” does not guarantee that we will purchase the product at that price (or any price), even if the information you have provided is correct. If you are happy with the “buy back price”, you should submit your request we will contact you to organise return of the device(s). By submitting a request and sending the product to us you are offering to sell it to us at the quoted price.

Upon receipt of the product we will examine and inspect it to ensure that it meets the specification and condition that you notified to us, and following this examination we will either:

Agree to purchase the product at the quoted “buy back price”. Inform you that we are not prepared to purchase the product at the quoted “buy back price”, but that we are prepared to purchase it at a different price, and what that price is. Inform you that we are not prepared to purchase the product. If we agree to purchase the product at the quoted price, or we offer a different price and you agree this, ownership of the product will pass to us and we will pay the agreed price to you within 14 days using the account details you provide. If we are not prepared to purchase the product, you refuse our offer of a different price or you do not respond to our offer of a different price within a reasonable period we will return the product to you. If the reason why we are not prepared to purchase the product at the original quoted “buy back price” is because you submitted incorrect or incomplete information we reserve the right to charge a reasonable handling fee to compensate us for the time and cost incurred in handling the product in reliance on the information provided. Until we agree to purchase the product it will remain your property. We cannot be responsible for loss or damage to the device during transit (if you have been responsible for its return to us) or in the course of examining and inspecting the product unless the damage is caused as a result of our negligence. You must only attempt to sell a product to us if you are the sole owner of that product and no other person or company has any interest in it. If any other person subsequently claims an interest in a product that you have sold to us we may, acting reasonably, settle that claim and claim reimbursement from you.

QUERIES, PROBLEMS OR COMPLAINTS

Queries

If you have any queries about the website, your order or our products, please call 01785 786786 or by emailing us at support@encore-pc.co.uk and we will do our best to help you.

Problems

We work hard to ensure that all of our customers are satisfied with the service and the products that they receive. In the unlikely event that you do experience a problem with your order, please let us know by calling 01785 786783 or by emailing us at support@stonegroup.co.uk.

Defective or wrong product supplied

We have a legal responsibility to supply products that are in conformance with our contract with you. Where there is a problem with a product you receive, please contact us using the details set out at paragraph 12.2 and we will discuss your options with you so that we can put things right, including repairing the defective product, replacing it or giving you a refund (see paragraph 8.3 for more information on rejecting the product). We will check any products that are returned (either for a repair, replacement or refund) to verify the information that you have provided and identify the problem. If we are unable to identify any problem with the product, or we believe that the damage was caused by misuse or otherwise was not present when the product was delivered to you we reserve the right to refuse to accept the return and to return the product to you at your cost. If you disagree with this decision please see paragraphs 12.4 to 12.6 below.

Complaints

We take all complaints seriously. If we receive a complaint from you it will be reviewed by our Senior Management team who will respond to you within 28 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to a senior person in our business who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.

Online Dispute Resolution service

If we are unable to resolve your complaint you may wish to submit a complaint via the Online Dispute Resolution service (see http://ec.europa.eu/odr). This is an independent Website provided by the European Union.

We are not currently a member of any Alternative

Dispute Resolution (ADR) schemes, but we will consider whether ADR is an appropriate method of resolving a dispute with you if we are unable to resolve it through our complaints procedure.

Other legal remedies

We take our legal responsibilities very seriously and have prepared these terms and conditions in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.

Limits of our responsibility

We are not responsible to you for the following types of loss or damage:

Loss or damage of a kind that we could not reasonably have foreseen. Loss or damage arising out of use of the product for commercial, business or re-sale purposes. Loss or damage which results from you misusing the product. Loss or damage caused by software updates or apps you install on your device. Loss or damage arising from wear or tear or otherwise from damage to a product arising after the time when it was delivered (except where that damage is caused by a problem which was present at the time it was delivered). However, nothing in this paragraph 13 or otherwise in these terms is intended to limit or exclude our liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the products, for defective products under the Consumer Protection Act 1987 or otherwise where we are not permitted to limit or exclude our liability by law.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us to supply the products to you, to process your payment for the products and to provide you with support after you have received the products. If you choose to receive information about our other products and services we believe may be of interest to you then we may use your personal information for these purposes. You may stop receiving these communications at any time by unticking the relevant box in the “newsletter subscriptions” section of your account on the Website. We may monitor or record calls that you make to us for quality, training and compliance purposes. We will only give your personal information to third parties where the law either requires or allows us to do so. See the privacy policy on the Website for more information.

OTHER IMPORTANT TERMS

“Apple” and the Apple logo are registered trade marks of Apple Inc. and protected by trade mark law. We are an Apple authorised reseller and use the Apple trade marks under licence. Any contract formed will be between you and us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Our products are not intended for export and we recommend that you do not export them outside the UK. If you do intend to send or take products you have purchased to another country, please check for any applicable export or import law or other applicable laws in the country to which you are intending to transport them before you do so. These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the products, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.