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1. Definitions used in our Terms and Conditions
In these terms and conditions "we" and "us" mean Computer Communications & Media Ltd (here in after referred to as CCM), and "you" means you the customer. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 1 filling in the Order Form on the any branded CCM Web Site, or
2.2.2 telephoning us for order placing, however once the agent has read back the order to you and you have confirmed it is correct, no further alterations may be permitted, and the transaction will be deemed as complete once credit card payment confirmation is confirmed.
2.2.3 filling in the Order Form and sending a hard copy to us is not permitted.
We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via any CCM Web Site, Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on any CCM Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 Where applicable VAT is payable by you at the applicable rate as indicated on your Invoice. Intra-community purchases can be made on any CCM Web Site, with duty payable at UK rates unless exceptions apply.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph any CCM Web Site from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the mainland of the designated country of delivery, and cannot be shipped to an alternative address.
5.4 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
6. Delivery of Your Products
6.1 Orders will only be accepted and products will be delivered to any address provided that territory is within the designated territorial delivery region shown on any CCM Website order form.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
6.3 We will use our reasonable endeavours to manufacture your Products within 14
days of the date of issue of your Order Confirmation. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by emailing a response back to the ordering email address and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and CCM and/or any service provider engaged by CCM. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products.
6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6 Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Right to Return the Products or Cancel a Contract for Services and to Receive a Refund
7.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of of Services. If you choose to return a product the transportation charges set out in paragraph 7.2 paragraph D below will apply.
However, you may not return a Product and claim a refund if the Product concerned is:
a) Under garments or items of a close personal nature
b) a personalized items with artwork made in accordance with your specifications.
You may not obtain a refund for a Service if you have commenced use of the Service.
The transportation charges set out in paragraph 7.2 section D below will apply.
7.2
A. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please contact us via the website quoting your order reference number. In the event that you are entitled to a replacement or repair in accordance with paragraph 10 below, the transportation charges referred to in paragraph 7.2 D below will not be applied.
B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges set out within paragraph 7.2 D below and provided:
i) You inform us of your decision to cancel the contract within 14 Calendar Days of delivery of the Product or the date you purchased the Services; and
ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
iii) The Product(s) are returned in accordance with paragraph 7.2 C below.
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
C. Steps to Follow to Claim a Refund:
(i) Please contact us via the website to make arrangements for return.
You will then be provided with an RMA (Return Material Authorisation) number.
(ii) CCM will subsequently arrange for the Product(s) to be collected by CCM nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. The transportation charges set out in paragraph D below will apply save for returns carried out pursuant to paragraph 7.2A.
(iii) Before returning any Product(s) to CCM please check that you have:
1. Received a RMA number from CCM (issued on request).
2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
3. Used all packaging that was originally supplied.
4. Ensure the following returns address and the RMA number are clearly displayed:
CCM Customer Care
The Project Office
Ashleigh
Evesham Road
Broadway
WR12 7HU
England
RMA number (please insert number provided to you)
5. Sealed the packaging securely.
(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
(v) Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B and C D.
D. The following transportation charges will apply:
i) If the total purchase price of the Product(s) returned is less than EURO 300 excluding VAT the charge payable by you for the return is EURO 30.00 (inclusive of VAT).
ii) If the total purchase price of the Product(s) is more than EURO 250 excluding VAT the charge payable by you for the return is EURO 60.00 (inclusive of VAT).
The appropriate transportation charge will be deducted from your refund payment once the Product(s) has/have been inspected and deemed complete and in good condition by CCM.
10. One (1) year Limited Warranty
10.1 All CCM Branded items carries a 3-month limited warranty against defects in materials and workmanship. Such a limited warranty covers CCM products (as defined below) only; it does not cover any other Products. You should refer to the relevant warranties which may apply to your product.
10.2 Non-CCM branded/Third-party Products
For non CCM branded Products (including non CCM branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone.
10.3 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11.4 We will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage including personal injury of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.4 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.4 This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
12. Contacting CCM
You can contact us:
by telephone on 0870 977 0126 between 08:00 and 18:00 Mondays to Fridays;
by post at CCM Customer Care, The Project Office, Ashleigh
Evesham Road, Broadway, WR12 7HU, England
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or telephone Order for the purposes of processing your Order.
15. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within International Law will apply.
17. General
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a mouse mat or a laptop bag;
"CCM Authorised Service Provider" means a service provider authorised by us to provide Services;
"CCM Store Web Sites" means our build-to-order web site for customers in the mainland United Kingdom, the web address of which is www.earth-huggers.co.uk;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"CCM product" means any CCM branded Product which is not a Service or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products and for Services;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on CCM Store Web Site;
"Product" means any product listed on the CCM Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the CCM Web Sites which we agree to supply to you on these terms and conditions;
"Unbranded CCM Product" means any Product which is unbranded including without limitation.
"Territory" to be defined
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
18.2 Computer Communications & Media Ltd is a company incorporated in the England & Wales with its registered office at The Project Office, Ashleigh, Broadway, Worcestershire, England and with registered number 3668854.
