Our Contact details:
eSunrise
Unit 4 Village Workshops, Mountheath, Industrial Park, George Street, Prestwich,
Manchester, M25 9WB England
Phone: 0161 772 0802
Fax: 0161 772 0806
Email: enquiries@eSunrise.co.uk
Making A Purchase All orders for goods accepted by eSunrise ('the Vendor')
are accepted subject to the following conditions which shall form part and govern
the contract of sale. Acceptance of goods shall be deemed to be acceptance of
these conditions of sale. Any term sought to be imposed by a Purchaser either
in a document or otherwise that conflicts with or adds to these conditions is
not accepted. No agent or representative of the Vendor has authority to vary
these conditions unless accepted in writing by a Director of eSunrise, hereinafter
referred to as the 'Vender'.
Making a purchase could not be easier. Just browse our Catalog, and click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on "Order" and you will be asked for a few details that we need to be able to satisfy the order.
We accept Switch, Solo, Delta, Meastro, Visa and Mastercard. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax, snail mail or over the Internet.
1. PAYMENT AND PRICE
No contract exists between you and the Vendor for the sale of any goods until the Vendor has received and accepted your order and the Vendor has received payment in full (in cleared funds). Once the Vendor does so, there is a binding legal contract between us.
a. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
b. The contract is subject to your right of cancellation (see section '14. Returned Goods' below).
c. The Vendor may change these terms of sale without notice to you in relation to future sales.
d. The Vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the Purchaser shall pay such additions in addition to the quoted price. Price lists do not constitute an offer.
e. All invoices are due for payment on the date shown on the invoice. Payment is to be made in sterling unless otherwise agreed in writing by a Director.
f. All overdue accounts will be charged on a daily basis, commercial interest at 5% above the base rate of Barclays Bank PLC obtaining at the time.
2. AVAILABILITY OF GOODS
a. The Vendor will use its best endeavors to comply with the date named for dispatch or delivery which date is given and intended as estimate only and is not to be the essence of the contract.
b. If owing to non-availability of the goods or other causes beyond the Vendor's control, the Vendor shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the Purchaser.
3. PROPERTY AND RISK
a. For so long as any amounts remain owing from the Purchaser to the Vendor (whether immediately due or not) title to the property of the goods shall remain with the Vendor and ownership will not pass to the Purchaser until the Vendor has received payment in full.
b. In the event of the Purchaser reselling the goods, if the Vendor has not received all amounts owing to it, the Purchaser shall account to the Vendor for the proceeds of any such sale and meanwhile hold all proceeds of such sale of such goods upon trust of the Vendor until the Vendor have received such amounts in full.
c. The Vendor shall have the right to trace all proceeds in accordance with the principles of R. v. Hallets Estates 1880 13CH.D96. At any time after the due date for payment from the Purchaser to the Vendor, and so long as such amounts have not been received by the Vendor in full, the Vendor, at the Purchaser's expense, shall have the right to enter the Purchaser's premises and remove there from all goods which remain the property of the Vendor.
d. In the event of any unpaid invoice, eSunrise shall reserve the right to reclaim any goods previously supplied to the value of the unpaid invoice.
4. DESIGN VARIATION
a. Whilst the Vendor makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description, provided as the case maybe, the Vendor is not responsible for the minor variations in specification, colour or other design features, and no such minor variation shall entitle the Purchaser to rescind the contract or shall be the subject of any claim against the Vendor by the Purchaser.
5. CLAIMS
a: No liability for any claim for damage or non-functionality shall be accepted unless the Vendor is notified in writing by the Purchaser within 7 days of delivery. This period may be extended at the sole discretion of the Vendor where the manufacturer's replacement exceeds this deadline.
b. No liability for any claim for missing items such as manuals etc. shall be accepted unless the Vendor is notified in writing by the Purchaser within 7 days of delivery.
c. No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the Vendor is notified in writing by the Purchaser within 7 days of delivery and the onus is on the Purchaser to prove any shortage.
d. In the case of active third party on-site maintenance contracts, the Purchaser accepts an obligation to use the services of the contracted third party to resolve the claims under clause 5(a).
e: In the case of manufacturers who operate direct product support and returns procedures, the Purchaser accepts an obligation to process their claim directly through the manufacturer.
f: No warranty is extended to consumable items, blank media or generic mice.
Shipping And Handling
6. Delivery Service 1 - 3 Working Days
Delivery is free to all UK Mainland addresses unless otherwise stated
Delivery charges for non UK Mainland addresses will be calculated upon checkout.
Products may change without prior notice.
a. The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
b. Orders placed before 4:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
c. If delivery cannot be made to your address for reasons under the Vender's control the Vender will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
d. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Vender) then without prejudice to any other right or remedy available to the Vender , the Vender may:
e. store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
f. sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
g. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Vender shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
h. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Vender will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Vender will inform you as soon as possible.
i. Time for delivery shall not be of the essence. The goods may be delivered by the Vender in advance of the quoted delivery date.
j. Upon receipt of your order you will be asked to sign for the goods received
in good condition. If you are unable to check the contents of the package at
that moment in time please sign for the parcel as "UNCHECKED". Failure
to do so may affect any warranty claims that you make thereafter.
Back Orders
8. If your item is not in stock, we will back order for you. You will always
be emailed with the option to cancel your order if you would rather not wait.
Tax Charges
9. All orders are VAT inclusive of price.
Credit Card Security
10. a. SSL ENCRYPTION:
We protect your transaction with a secure server using industry standard SSL encryption. This ensures that your credit card number and all related pieces of personal data are encrypted and can not be read by unauthorized persons as they are transmitted over the Internet.
b. FINANCIAL DATA:
In addition to this, none of your personal or financial data is ever stored
on the web server itself. This adds another layer of protection for your valuable
information. All transaction data is sent to a secure off line environment the
instant that it is received to insure that your information is never visible
or available to any unauthorized individual.
Guarantee
11. GUARANTEE
a. Excluding goods covered under clauses 5(e) and 5(f), all goods are warrantied free from manufacturing defect for a period of 365 days from the date of invoice, unless otherwise stated at the time of purchase.
b. Goods failing within this period will be exchanged, repaired or credited at the sole discretion of the Vendor except where such failure can be attributed to reasonable wear and tear or user error or misuse, providing the goods are returned subject to the conditions outlined in clause 7. Excluding goods covered under clauses 5(e) and 5(f), or unless otherwise stated at the time of purchase, all goods are warrantied on a back to base basis.
c.The Purchaser shall be responsible for all carriage, telephone, postal and
incidental charges incurred during the guarantee period.
Reaching Us
12. a. If you need to reach us, please email us on sales@eSunrise.co.uk, alternatively,
you can call on 0161 772 0802 (International +44 0161 772 0802) or fax us on
0161 772 0806 or write to us at e-Sunrise Distributors Ltd T/A eSunrise Unit
4, Village Workshops Mountheath Indstrial Park, George St. Prestwich, Manchester
M25 9WB United Kingdom
Privacy Policy
13.
a. eSunrise do not disclose buyers' information to third parties. Cookies are
used on this shopping site to keep track of the contents of your shopping cart
once you have selected an item, to store delivery addresses if the address book
is used and to store your details if you select the 'Remember Me' Option. UNDER
NO CIRCUMSTANCES will your details, private or other, ever be given or sold
to any third party person/s or company/s for what ever reason. Your details
are safe and are treated with the utmost professionalism whilst in our care.
b. DATA PROTECTION
The Vender will take all reasonable precautions to keep the details of your order and payment secure but unless the Vender is negligent, the Vender will not be liable for unauthorised access to information supplied by you.
c. Data collected by this site is used to:
i. Take and fulfill customer orders
ii. Administer and enhance the site and service
iii. Only disclose information to third-parties for goods delivery purposes
Returns Policy
14. RETURNED GOODS
Distance Selling Regulations
a. In accordance with the Distance Selling Regulation, the customer has the right to cancel an order within one week (7 working days, known as the Cooling off period) of delivery.
In accordance with legal provisions , the cooling off period and right to cancel do not apply to contracts for:
• Inks & refills, CD, DVD, and tapes with software, audio or video
if unsealed;
• products containing an activation key;
• goods made to the customer's specification;
b. In order to meet the 1 (one) week deadline, mailing the cancellation notice within that time frame is sufficient. Please, always refer to and include the order number.
c. The cancellation must be put in writing and must be forwarded to Cancellation, eSunrise Unit 4 Village Workshops, Mountheath, Industrial Park, George Street, Prestwich, Manchester, M25 9WB England or by e-mail to sales@eSunrise.co.uk. When returning non-faulty goods under the Distance Selling Regulation delivery costs may not be refunded, if the customer wishes eSunrise to collect the goods the costs incurred shall also be deducted from any refund.
d. Please note that you have no right to return goods under the Distance Selling Regulations if you are a business customer.
e. All refunds will be processed within 30 days from when you notify us of cancellation of the order. However, we are usually able to issue refunds within 5 – 7 working days from when the goods have been returned to our warehouse
f. The Vendor will not accept goods for credit or rectification unless such return has been authorised by the returns department or a Director, and the goods are received by the Vendor in stock condition, with original packaging. The Vendor retains the right at its sole discretion whether to accept the return of goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
g. The Vendor reserves the right not to issue credit for goods returned after 30 days from the date of the original invoice and where such credit is granted the credited amount shall not exceed the current market value or the invoiced value, whichever is the lower. The Vendor reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition or that have been ordered in error by the Purchaser.
h. All returned goods must be received at eSunrise's Distribution's premises within the warranty period, irrespective of when any returns authorisation may have been given. The Purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the Purchaser to the Vendor. The onus of proof of safe delivery shall rest with the Purchaser.
i. All items returned to the Vendor by pre-arrangement and found to contain no fault will be subject to a 25% restocking charge, providing the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the Vendor.
j. No credit shall be allowed for goods until they have been received complete.
15. CONSEQUENTIAL LOSS
a. The extent of the Vendor liability to the Purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the Vendor shall in no circumstances whatsoever be liable to the Purchaser in respect of any loss or damage whether suffered by the Purchaser or any customer of the Purchaser and whether direct, indirect, consequential or however else arising.
16. LAW
a. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
b. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.
c. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
17. WARRANTY
a. All goods supplied by the Vendor are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
b. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Vendor, failure to follow the Vendor 's instructions, or any alteration or repair carried out without the Vendor's approval.
c. If the goods supplied to you are damaged on delivery, you should notify the Vendor in writing via the e-mail address or fax number shown above within 7 days.
d. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Vendor in writing via the e-mail address or fax number shown above, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
18. INDEMNITY
The Customer agrees to indemnify and hold the Supplier and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Supplier arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
19. LIMITATION OF LIABILITY
a. Nothing in these terms and conditions shall exclude or limit the Supplier's liability for death or personal injury resulting from the Supplier's negligence or that of its employees, agents or sub-contractors.
b. The entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
c. In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
20. IMAGES
Product images are for illustrative purposes only.
21. Terms & Conditions Including Product Prices are subject to change without notice
22. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to
the subject matter and supersedes any previous agreements, arrangements, undertakings
or proposals, oral or written.