TERMS OF SALE
This document sets out the basis upon which WE provide goods to YOU when purchased via OUR eBay. It constitutes the entirety of OUR contract with YOU.
Definitions 1.0.0. In this contract:
1.0.1 GOODS means any items that by virtue of this contract WE will supply to YOU, including licenses to exercise intellectual property rights and licenses to use software; but does not mean any service WE will supply to YOU and does not mean any facility for delivery of items to YOU or the insurance of such delivery.
1.0.2 BUSINESS CUSTOMER means any person, persons or body corporate with whom WE contract under this contract who, when making a contract with US, does not intend to use the GOODS for personal and family use only OR any legal non-natural person irrespective of their intended use of the GOODS.
1.0.3 CONSUMER CUSTOMER means any person with whom WE contract under this contract who does not fall into the category of BUSINESSCUSTOMER as defined herein.
1.0.4 WE and US means VEGIGA Ltd Limited, of Unit 34 Grovestile Waye, Bedfont, Middlesex, TW14 8EX; references to OUR shall be construed accordingly.
1.0.5 YOU means any person with whom WE contract under this contract; references to YOU shall be construed accordingly.
1.0.6 SPECIFICATION means the ability of GOODS to operate with other equipment, including the ability of the GOODS to operate with a particular operating system, operate at a particular speed, comply with a particular published standard and / or interact with particular peripherals.
1.0.7 GOODS OF AN EQUIVALENT SPECIFICATION means GOODS that, in relation to other GOODS, have the capability to perform with reasonable equivalence with reference to the definition of SPECIFICATION above.
1.0.8 VAT means the prevailing rate of Value Added Tax at the time that YOU become liable to make payment to US.
1.0.9 COOLING OFF PERIOD means a period of seven clear working days, as defined by Regulation 3(1) of the DISTANCE SELLING REGULATIONS starting the day after the GOODS are received by YOU.
1.1.0 DISTANCE SELLING REGULATIONS means the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) as amended, superseded or updated at the date of this contract.
1.1.1 THEFTACTS means the Theft Act 1968, the Theft Act 1978 and The Criminal Attempts Act 1981, and references thereto are deemed also to refer to the common law offence of Conspiracy to Defraud , all as amended, superseded or updated at the date of this contract.
2.0.0. Sale and Delivery.
2.0.1 WE agree to sell and YOU agree to buy the GOODS that YOU have ordered at the price WE agreed to sell the GOODS to YOU when YOU ordered. YOU also agree to pay US the VAT in respect of those GOODS. If YOU are a CONSUMER CUSTOMER, the price WE agreed to sell the GOODS to YOU will include VAT.
2.0.2 The sale of the GOODS is subject to the terms of this contract, in particular the rights conferred by this contract of each party to cancel the contract and the sale.
2.0.3 WE may make an additional charge, paid as a percentage of the price of the order if YOU pay by an electronic method of payment, and WE have advertised, prior to YOUR order that WE will make such additional charge. In particular, WE may apply a surcharge to credit card transactions or cheque transactions.
2.0.4 WE agree to, if YOU require US to, arrange for the GOODS to be delivered to a location of YOUR choice SAVE THAT, if WE have only received a conditional payment from YOU for the GOODS, an intention to pay in the future, or have not for whatever reason had cleared funds before delivery, WE may restrict delivery to locations that will enable US to receive unconditional cleared payment.
2.0.5 If YOU require US to arrange delivery of the GOODS, YOU take any risk arising from such delivery SAVE THAT WE take any risks occurring through delivery that may be caused by the deliberate act or negligence of ourselves or any of OUR employees.
2.0.6 If YOU require US to arrange delivery of the GOODS, WE will provide YOU with details of the cost of such delivery. YOU agree to pay US the costs of any delivery.
3.0.0. The Rights of the Parties.
3.0.1 If YOU are a CONSUMER CUSTOMER, then this contract is in addition to YOUR statutory rights.
3.0.2 If YOU are a BUSINESS CUSTOMER, then this contract represents the totality of OUR respective contractual obligations to each other.
3.0.3 If it appears to US that,
3.0.3.1 YOU are or will become insolvent, or,
3.0.3.2 That YOUR dealings with us are contrary to the THEFT ACTS, Then WE have the right to withhold delivery, or, of stoppage in transit, or, of supplier s lien, dependent upon the circumstances, on the GOODS, if YOU are not in possession of them.
3.0.4 If WE do not receive payment from YOU, and YOU do not have a credit facility with US, or YOUR credit facility is not available (e.g. it has been exhausted), WE have the right to withhold delivery, or, of stoppage in transit, or, of supplier s lien, dependent upon the circumstances, on the GOODS.
3.0.5 YOU do not have the right of set off against any other sums WE may owe YOU under any circumstances; in particular if YOU are in dispute with US regarding one matter YOU may not withhold payment for GOODS provided that are unconnected with that matter.
3.0.6 English Law applies to this contract.
3.0.7 The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all the goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
4.0.0. OUR Rights to Substitute or Cancel.
4.0.1 WE will use all reasonable endeavours to deliver to YOU the GOODS ordered under this contract.
4.0.2 WE will aim to deliver the GOODS YOU have ordered as soon as is reasonably possible, however, WE DO NOT guarantee that WE will deliver the GOODS within any specific time, or at all.
4.0.3 WE will notify YOU within 30 days of payment whether or not WE will be able to deliver the GOODS YOU have ordered to YOU.
4.0.4 If YOU are a CONSUMER CUSTOMER, WE may, if it is not reasonably practicable to deliver the GOODS YOU have ordered to YOU, substitute other GOODS than those YOU have ordered, but only if the substituted GOODS are GOODS OF AN EQUIVALENT SPECIFICATION.
4.0.5 If WE substitute GOODS for the GOODS YOU have ordered, there will be no difference in price.
4.0.6 If WE notify YOU that WE will not deliver any GOODS under this contract, WE will also re-imburse YOU any and all monies paid pursuant to this contract in respect of the GOODS that WE will not deliver.
4.0.7 If WE notify YOU that WE will not deliver some GOODS under this contract, but will deliver other GOODS, WE will also re-imburse YOU monies paid under this contract for the GOODS that WE will not deliver, but WE may set-off any other amounts YOU owe US against any monies WE may repay YOU.
5.0.0. Cancellation within the COOLING OFF PERIOD.
5.0.1 If YOU are a CONSUMER CUSTOMER, YOU have a right to cancel this contract as long as YOU do so within the COOLING OFF PERIOD.
5.0.2 If YOU are a BUSINESS/SHOP CUSTOMER, YOU have no right to cancel this contract.
5.0.3 If this contract, or part of this contract concerns GOODS consisting of,
5.0.3.1 Computer Software, or,
5.0.3.2GOODS that have been personalised for YOU, and / or,
5.0.3.3 Equipment that WE have put together to YOUR SPECIFICATION, Then YOU have no right to cancel this contract in as much as it applies to those GOODS. However, YOU may cancel this contract in as much as it applies to any other GOODS.
5.0.4 If YOU wish to exercise any right to cancel this contract, YOU must notify US of the same within the COOLING OFF PERIOD, either by writing to US at OUR address, or by emailing US to OUR main email address.
5.0.5 Upon receipt of a valid notice cancelling this contract, WE will send to YOU within 21 days a notice confirming cancellation of the contract.
5.0.6 If the GOODS delivered are the GOODS YOU ordered and YOU exercise any right to cancel, upon receipt of our notice confirming cancellation, YOU must organise delivery of the GOODS back to US, as soon as is reasonably possible, and in any event within 30 days. YOU are advised to insure yourself against the risks of GOODS being damaged in transit.
5.0.7 If the GOODS delivered are the GOODS YOU ordered and YOU exercise any right to cancel this contract, then YOU will be liable to US for any costs incurred by US in delivering the GOODS back to US, including but not limited to the costs of any insurance.
5.0.8 If the GOODS delivered are GOODS WE have substituted for the GOODS YOU ordered, and YOU exercise any right to cancel, WE will organise delivery of the GOODS back to US, at OUR cost.
5.0.9 If YOU exercise any right to cancel this contract, and
5.0.9.1 The GOODS are in any way damaged otherwise than by US or our agents, including but not limited to damage incurred during transit of the GOODS back to US or,
5.0.9.2 The GOODS have not been retained by YOU with reasonable care, whether or not YOU are at fault, or,
5.0.9.3 YOU have not retained possession of the GOODS, whether or not YOU are at fault, or,
5.0.9.4 YOU have failed to restore the GOODS to US, within 30 days of receipt by YOU of our notice confirming YOUR cancellation, Then YOU will be liable to US for an amount to cover the losses flowing from the above; and further, or in the alternative, the breach of YOUR statutory duty under regulation 17 of the DISTANCE SELLING REGULATIONS (duty to retain possession of GOODS, take reasonable care of them and restore them to the supplier). 5.1.0 If YOU exercise any right to cancel, upon receipt of the GOODS, WE will reimburse YOU all monies paid to US by YOU in respect of those GOODS, less an amount to cover any liabilities YOU have to US under paragraphs 4(7) and 4(9) of this contract.
5.1.1 If YOU are not totally satisfied with YOUR purchase or YOU have simply changed YOUR mind about YOUR purchase then in line with the DISTANCE SELLING REGULATIONS, YOU can return YOUR item provided YOU inform US of this decision via letter or e-mail to customer services within 7 working days of receipt.
Once YOU have informed US of your decision to return goods under the DISTANCE SELLING REGULATIONS, YOU have to return the item(s) at YOUR own expense. YOU will be responsible for the safe return of the GOODS. The GOODS must not be opened nor used and must be as new when returned to US. All items must be complete with original packaging, manuals, disks, cables etc as originally supplied. Manufacturer packaging must not be defaced in any manner. Once GOODS are received at VEGIGA Ltd, WE will issue a full refund for the cost of the GOODS to YOUR original payment method. Please note BUSINESS/SHOP CUSTOMERS are exempt from returning items within 7 working days under the DISTANCE SELLING REGULATIONS.
The right to cancel under DSR does not apply to the following, a - Personalised goods or goods made to a consumer s specification. b - Computer software. c - Notebooks/Laptops with installed software. d - Any item(s) with software or warranty that has been registered by the CONSUMER.
5.1.2 Please note that item(s) sent back to US without a valid RMA number will be rejected. YOU will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
6.0.0. After Sales Service.
6.0.1 All of the GOODS are sold with a free one-year return to base warranty (UK Mainland Only), except GOODS that WE clearly describe as sale or clearance items, which will have a reduced price and a reduced warranty period of 30 days.
6.0.2GOODS that WE sell may have other warranties or insurance provided by a third party, which often last for longer periods than, and can be of greater benefit than, OUR own warranty (e.g. On Site Maintenance).
6.0.3 Under the terms of OUR warranty, if any of the GOODS are defective within the warranty period, WE will, subject to the other terms of this contract,
6.0.3.1 Repair the defective GOODS, or,
6.0.3.2 Replace the defective GOODS with other equivalent GOODS,
6.0.4 If YOU wish to make use of YOUR rights under this warranty, YOU must return the defective item to OUR premises, at YOUR own cost. YOU must include a valid RMA number obtained from US, a valid invoice number, and a description of the fault. WE will then, within 6 to 8 weeks, repair, replace or issue a refund in respect of the defective item, solely at OUR discretion.
When YOU receive this warranty replacement item, the remaining warranty period on the item is valid only from the original date of purchase, warranties are not refreshed nor renewed on items that are issued to YOU as replacements.
WE may issue warranty replacement item(s) that are equivalent to, or better than the original item(s). Please note replacements may be repaired or refurbished unit(s). If repair or replacement is not possible, then VEGIGA Ltd may offer a refund/store credit.
The amount offered may be REDUCED to take into account benefit gained from the usage of the item(s), depreciation of the item(s) and the length of warranty remaining on it.
6.0.5 If YOU do not return the GOODS in complete condition, including all packaging and manuals, WE will not issue a refund in respect of the GOODS.
6.0.6 If YOU return non-defective GOODS to us, under this warranty, WE may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the GOODS to you.
6.0.7 If YOU return GOODS to us, under this warranty, and those GOODS are defective as a result of,
6.0.7.1YOUR negligence, or,
6.0.7.2 The negligence of YOUR agents or employees, or,
6.0.7.3 Occurrences that YOU were insured in respect of, or,
6.0.7.4 Occurrences that YOU could reasonably expected to have been insured in respect of,
6.0.7.5 Click here for TFT policy WE will not be liable under this contract and WE may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the GOODS to you.
6.0.8 In paragraphs 6(7)(c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the GOODS.
6.0.9 This warranty is in addition to and does not affect, YOUR statutory rights.
6.1.0All of the GOODS are sold with a free one-year RETURN TO BASE WARRANTY, customers are liable for the return postage costs except for the GOODS that are returned and tested faulty by VEGIGA Ltds Technical department within 28 days of purchase. Please note that business and shop customers must send item back at their own cost.
6.1.1We cannot be held liable for any loss of data stored on any product sent for testing. Any valuable data, which includes software, must be backed up before returning the product for testing.
6.1.2 Please note that item(s) sent back to US without a valid RMA number will be rejected. YOU will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
6.1.3 Due to the amount of varied components, available today VEGIGA Ltd is unfortunately unable to guarantee compatibility between items sold. It is customer s responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
6.1.4 For Products that are capable of storing VEGIGA Ltd is not responsible or liable for any data stored on the Product that is lost, deleted, or is otherwise inaccessible. All data will be deleted from the Product during repairs. You should remove or make a backup copy of any data stored on the Product prior to shipping the Product to VEGIGA Ltd.
6.1.5 All products that use batteries, including lithium batteries have a limited number of charge cycles and eventually the battery life will start to shorten, which may result in the battery needing to be changed. Battery life and number of charge cycles vary by use.
This means that we are only able to offer a 60-day warranty period on items that have developed problems with their batteries. The 60-day battery warranty period does not count on refurbished items however, as refurbished items may already have a reduced battery life.
6.1.6 Any defect in the goods arising from wear and tear, damage caused by accident, natural disaster, intentional or accidental misuse, abuse, neglect or improper maintenance, or use under abnormal conditions; damage caused by an external electrical fault or any accident; damage from third party software or from virus(es);
If the serial number of the components or accessories has been altered, cancelled or removed; the warranty seals have been broken or altered; Items with bent or broken pins or connectors are deemed user error and are not covered under the manufacturer s warranty. A reduction in battery life over time is deemed normal, and is not covered under warranty.
6.1.7 Individual components found not to be defective upon testing will incur a minimum testing/handling fee of £10.00 + VAT and cost of return postage. None faulty items will be returned to you at your own cost. Physically damaged (e.g. dented / cracked/burnt or blown components circuits etc) items will be rejected.
6.1.8 When VEGIGA Ltd is ready and willing to deliver the goods, and requests the buyer to take delivery, if the buyer does not take delivery of the goods within a reasonable time after such request, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and as such is liable for a reasonable charge for the care and custody of the goods.
If a delivery request is rejected by the customer, a letter will be sent specifying that the goods are ready for collection, the address the goods can be collected from and cost of handling, delivery etc., also the customer will be informed that the goods will be only be held for 3 months after which time they will be disposed of.
VEGIGA Ltd Warranty Terms and Conditions
This warranty is offered to Consumers who have purchased their Vegiga products within the
United Kingdom. It is in addition to, and does not affect your statutory rights.
Any product returned for repair must be accompanied by a contact name, address and daytime
telephone number. If this information is not provided, VEGIGA Ltd will be unable to return your
product to you and reserves the right to dispose of your product three months after receipt.
It is in your best interests to make a note of your product s serial number and this should be quoted
in any communications with Vegiga ltd.
Please note that VEGIGA Ltd will endeavour to ensure the safety of your products whilst in its
possession. However, whilst every effort will be made to return your product (and any film, tape, or
other recordable media or accessory) VEGIGA Ltd cannot accept any liability, nor pay any
compensation for loss of a particular film or tape or other recordable media included. You should
retain any recordable media or accessory not required for the repair. Further, any customer specific
settings or memory may be lost during the course of repair.
1. VEGIGA Ltd (We, Our, Us) warrants this Product (excluding accessories, software, consumables
such as, but not limited to, other consumables defined by Us) to be in good working order during the
period of warranty. The period of warranty is the period 12 months from date of invoice and
commences on the date of purchase of the Product. In the event that the Product is not in good
working order VEGIGA Ltd will provide, during the warranty period, a free service. The warranty is
subject to proof of purchase being provided; therefore you should retain your original receipt.
2. The service consists of (at Vegiga ltd s discretion) either repair or replacement Products
that will be provided on an exchange basis and will either be new, equivalent to new or reconditioned.
All replaced spare parts and Products shall become the property of Vegiga ltd.
3. VEGIGA Ltd will provide this service on return to base basis within the UK. We do not provide
service on site .
4. You must inform us in writing if you change your address. Where we provide service on a return
to base basis, any costs of secure transportation of the product to and from the VEGIGA Ltd
service centre will be borne by the customer.
5. Vegiga ltd s only obligation under this warranty is the provision of the service as set out
above.
6. Services cannot be provided on site
7. Unless agreed in writing, the Warranty will not apply: (a) because you have not used, stored or
handled the Product properly; or because you are in breach of the terms of this warranty or the
Contract terms, or have not followed Our instructions in the product manual, or those of the
manufacturer; or because of damage or defect due to wilful neglect or negligence by anyone other
than Us; (b) to loss of quality, degradation of performance or actual damage that results from the
use of spare parts or other replaceable items (such as consumables) that are neither made nor
recommended by Vegiga ltd; (c) to a loss of quality, degradation of performance or damage
that results from the installation of, damage to, or modification to the Product and/or Software by
someone else other than Our representatives or because of damage that results from changes
required by you or a Third Party; (d) to damage that results from your connection of other fittings or
accessories to the Product which We have not approved or your connection of other equipment or
software not approved by Us; (e) because of external causes outside Our control which shall include
accident, fire disaster or burglary; (f) because of faults caused by shock or fall, sand, dust, dirt, damp
or corrosion, leaky batteries, repair or cleaning by unauthorised personnel; (g) because of any
malfunction or specific requirement of any other item of hardware, or software which you have
linked to the Product in respect of items not included in the Contract; (h) to correct errors in any
non‐VEGIGA Ltd proprietary software or other software not provided by Us; (i) because data is lost
or damaged; (j) to damage caused by your attachment of the Product to a network not approved by
Us or because you have made changes to your Operating or Network system in a manner not
approved by Us; (k) because you have not installed any error correction that We issue for the
software or have otherwise not followed Our reasonable instructions or advice.
8. You must ensure that the proper provision of the service by VEGIGA Ltd(UK) Limited under this
warranty will not directly or indirectly damage your property (including software and data) or
otherwise cause you direct or indirect damage or loss and VEGIGA Ltd will not be responsible for:
(a) checking as to the likelihood of such damage or loss occurring prior to providing or during
provision of the service under this warranty; (b) any such damage or loss that may occur.
NB. You should take all reasonable precautions to safeguard your assets and property (including all
software and data) and to minimise potential loss or disruption, including, where appropriate, taking
full back ups of all your software and data and implementing virus checking controls.
9. Vegiga ltd s arrangements for providing service provided under this warranty may include
the use of sub contractors.
10. Nothing in this warranty shall have the effect of restricting or excluding the liability of VEGIGA
Ltd in respect of (a) death and personal injury caused by the negligence of Vegiga ltd, or for
fraud; (b) under the Consumer Protection Act 1987 to a person who has suffered damage caused by
a defective product or to a dependent or relative of such a person; (c) direct damage to your
property caused by the proven negligence of Vegiga ltd.
11. As far as the law allows, we will not be responsible for the following: (a) loss of income, profits
(actual or anticipated), contracts or for any other business related loss; (b) indirect or consequential
loss or damage howsoever caused; (c) compensation for loss of images on any recordable media.
12. This warranty is offered subject to these terms and conditions which may change from time to
time. You can find the latest version on our website www.Vegiga ltd.co.uk or receive a copy
by contacting us directly on the number given on your original bill of sale. This warranty is in addition
to, and does not affect your statutory rights.
13. VEGIGA Ltd may disclose your details and other personal information to other companies
within the VEGIGA Ltd group including any subsidiary company or subcontractor of VEGIGA Ltd
for the purposes of performing our obligations hereunder.
14. VEGIGA Ltd may disclose your details and other personal information to any subsidiary
company of Ours for the purpose of market research or direct marketing of other (Vegiga ltd)
products and services. If you do not wish to receive direct marketing information from us please
ensure you have marked the appropriate box on the warranty registration form.
15. You must not resell outside the UK any Product supplied by VEGIGA Ltd and covered by the
Export of Goods (Control) Order 1992 (or any law that replaces it) without obtaining all necessary
licenses. You also agree not to sell the Product in the UK if you know or think that the person buying
the Product intends to export it without getting the necessary licenses. You agree to impose similar
conditions to these on anyone you sell the Product to.
16. These conditions shall in all respect be governed and construed in accordance with English Law
and subject to the exclusive jurisdiction of the English Courts.
VEGIGA Ltd (UK) Ltd Warranty Terms and Conditions for Multimedia Projectors
Thank you for purchasing this VEGIGA Ltd product. Should you need to use our warranty service
on this product, we refer you to the terms and conditions stipulated below.
1. Warranty period
This warranty is valid for one year from the original purchase date of the new product (three years in
case of projectors), as evidenced by the above mentioned documents.
2. To obtain warranty service
Warranty service is available in the authorized VEGIGA Ltd service centres. A list of authorized
VEGIGA Ltd service centres can be found at www.Vegiga ltd.co.uk
Any costs of secure transportation of the product to and from the VEGIGA Ltd service centre will
be borne by the customer.
3. Limitations
VEGIGA Ltd does not warrant the following:
‐ Periodic check‐ups, maintenance and repair or replacement of parts due to normal wear and
tear.
‐ Consumables.
‐ Any software.
‐ Defects caused by modifications carried out without Vegiga ltd s approval.
‐ Costs incurred by VEGIGA Ltd service centres in making any adaptations or modifications of a
product necessary for country specific technical or safety standards or specifications, or any other
costs to adjust the product as a result of any specifications which have changed since the delivery of
the product.
‐ Damage resulting from the fact that a product is not conforming to country specific standards or
specifications in another country than the country of purchase.
Warranty repair service is excluded if damage or defects have been caused by:
‐ Improper use, excessive use, handling or operation of the product as referred to in the users or
operators manuals and/or relevant user documents, including without limitation, incorrect storage,
dropping, excessive shocks, corrosions, dirt, water or sand damages.
‐ Repairs, modifications or cleaning carried out at a service centre not authorized by Vegiga
ltd.
‐ Use of spare parts, software or consumables (such as ink, paper, toner or batteries, Hard drives
etc) which are not compatible with the product. Compatibility is ensured if consumables are used
which are recommended by Vegiga ltd.
‐ Connecting the product to equipment not approved for connection by Vegiga ltd.
‐ Inadequate packaging of the product when returning it to the authorized VEGIGA Ltd service
centre.
‐ Accidents or disasters or any cause beyond the control of Vegiga ltd, including but not
limited to lightning, water, fire, public disturbances and improper ventilation.
4. Others
Repair service may be delayed when performed outside of the original country of purchase because
the product is not yet sold in that country or sold in a country‐specific design. Accordingly, certain
spare parts for the product may not be in stock in the country of repair.
It is the responsibility of the customer to backup and save any software files and programs before
repair and to restore the same after such repair.
This warranty does not affect the consumer s statutory rights under applicable national legislation in
force, nor the consumer s rights against the retailer arising from the sales/purchase contract. In the
absence of applicable national legislatio
