2 - Orders

Within the framework of the prevention of Internet fraud, the particulars relating to your order will be analysed and checked:

• Details relating to your order are subject to automated data-processing. This automated data-processing is intended to define a level of analysis of a transaction and to combat bank card fraud.
• Following this analysis, the Packard Bell Store reserves the right to ask you for additional information (bank identification details, photocopy of identity papers and of the bank card used).
• Failure to pass on these details in connection with your order will prevent the transaction from going through.
• Should non-payment result from the unauthorised use of a bank card, all the non-payment details relating to your order will be logged onto a payment incident file. Any irregular statement or anomaly may also be subject to specific processing.
• If the customer fails to respond to the request to forward the documents below within 5 (five) days, the order is cancelled.

3 - Prices - Modifications

Current prices for the Products sold are those established in pound, taxes excluded and all taxes included (including VAT).
We envisage updating our Website regularly and may modify the content at any time. If necessary, we may suspend access to our Website or close it down for an indefinite period. We reserve the right to withdraw, modify, supplement, substitute, suspend or remove any information, product or service from our Website from time to time without notice. We will not be liable if our Website is unavailable at any time or for any period for any reason whatsoever.
We may revise these conditions of use at any time. Given that these terms and conditions of use are binding on you, you should consult them from time to time in order to take note of any change that we may have made. Your continued use of the Website carries your acceptance of such modifications with it.
The product prices are those set out on our Website, except in the case of obvious error. These prices include VAT but do not include delivery costs (the amounts of which will be indicated in the course of the verification process), which will be added to the total amount due. Prices are liable to change at any time, but the changes will not affect orders for which we have already sent you a Confirmation of Despatch.

4 - Conditions of payment

Prices are paid in cash with the order by bank card or via your PayPal account. You are also able to make a deferred payment (settlement, cheques, etc.), in this case the order will not be sent off to you until payment has been received and validated by our bank. Payment must be made before the product is supplied, in accordance with this section.
Any sum due not paid by its due date will entail late payment penalties calculated on the basis of one and half times the legal rate of interest, with effect from the first day following due date, without this clause impairing the collectability of the debt. Payment terms may not be delayed for any reason whatsoever.

5 - Delivery of the product

All costs of shipping the Product are at the Customer's charge and are extra.
Delivery of the Product is valid solely in the U.K. in accordance with the conditions provided at article 9.
Packard Bell agrees to deliver the Product or supply the Service no later than within thirty (30) days following collection and encashment of the amount of the order, except for force majeure. However, the Consumer Client may cancel his order in the event delivery of the Product or supply of the Service is more than seven (7) days late, within a period of up to sixty (60) business days following the date of delivery of the Product or of provision of the Service scheduled on the confirmation of order issued.
On delivery of the Product, the Customer signs a document certifying that he has received the Product at the place agreed in accordance with the order and with no apparent defect. If he finds there is loss or damage, the Customer is bound to express reserves on the delivery slip and to address his claims to the carrier by letter sent in recorded delivery with advice of receipt, within seven (7) days of the delivery. The Customer must also inform Packard Bell In the same conditions, accompanied by a photocopy of the letter sent to the carrier. Failing such notice, the Customer will be presumed to have waived any action on this basis against Packard Bell and/or its carrier.
In order to improve our customer service and avoid needless delays in delivery, your telephone number will appear on the package delivered by our carrier.
The availability of the products is indicated on the product catalogue. After the verification process has been completed satisfactorily, you will be informed by e-mail about your order being processed and it will be delivered within a reasonable period from the date of Confirmation of Dispatch, except for exceptional circumstances. You can track the progress of your order on the "My Account" section.

6 - Reservation of title / Passing of risk

OWNERSHIP OF THE PRODUCT, WITH THE EXCEPTION OF SOFTWARE FOR WHICH OWNERSHIP NEVER PASSES, WILL PASS TO THE CUSTOMER ON THE DATE HE HAS PAID THE PRICE IN FULL. ACCORDINGLY, PACKARD BELL EXPRESSLY RESERVES THE OPTION OF RELYING ON ITS RIGHT OF TITLE TO THE PRODUCT SOLD AND TO REGAIN POSSESSION THEREOF AT ANY TIME IN THE EVENT OF NON-PAYMENT. EVEN IN THE CASE OF PARTIAL PAYMENT, THE CUSTOMER AGREES AS A PERSONAL OBLIGATION WITH REGARD TO PACKARD BELL NOT TO DISPOSE OF THE PRODUCT BY ANY MEANS WHATSOEVER EITHER IN TERMS OF FULL BENEFICIAL OWNERSHIP OR BY WAY OF CONSTITUTING A PLEDGE OR CHARGE ON THE PRODUCT, BEFORE PAYMENT OF THE PRICE IN FULL. UPON DELIVERY OF THE PRODUCT, THE CUSTOMER IS LIABLE WHETHER OR NOT HE IS THE OWNER FOR ALL RISKS OF DETERIORATION, LOSS, DESTRUCTION, PARTIAL OR TOTAL, REGARDLESS OF THE CAUSE OF THE DAMAGE, EVEN IF IT IS A QUESTION OF AN ACT OF GOD OR A CASE OF FORCE MAJEURE.
Assuming that the Customer is not yet owner, formal jurisdiction is allocated to the President of the Commercial Court ruling on urgent matters to make an order for the return of the Product to Packard Bell by order enforceable immediately on the original copy and before registration. In this eventuality and after the costs of reconditioning the Product have been paid, the Customer will also be liable to pay a cancellation indemnity specified as a penalty clause, equivalent to 30% of the price of the Product excluding taxes. Packard Bell reserves the right to act on compulsory execution hereof and despite recovering possession of the Product shall retain the right to collect the balance of the price, if needs be through the courts, the Product in this case not being deliverable until after payment in full.

7 - Right to cancel (Solely with regard to Consumer Clients)

The Consumer Client has a period of seven (7) clear days with effect from delivery of his order to return the Product or with effect from the date of ordering a Service (except if the date of the Service provision has started before the end of this period). In this period, the Customer must follow the returns procedure described in the section "Returns Procedure" below and will have the choice of asking either for a refund of the sums paid or for the Product to be exchanged with a Product of identical or equivalent configuration or the exchange of the Service with an equivalent Service. The costs of return shipment will be at the Customer’s charge. The Product must be returned in perfect condition in its original packaging. However, software delivered wrapped and packaged as new cannot be returned if the packaging has been opened by the Customer. The Customer will receive repayment within thirty (30) days of this right being exercised.
The right to cancel cannot however be exercised in regard to the provision of PB Care extended warranty services if performance of the said service has started before the end of the seven-day clear period.

8 - Warranty and telephone assistance

PACKARD BELL IS BOUND BY A HIDDEN DEFECTS WARRANTY ON PACKARD BELL TRADEMARK PRODUCTS. FURTHERMORE, THE CUSTOMER BENEFITS FROM A STANDARD CONTRACTUAL WARRANTY ON PACKARD BELL TRADEMARK PRODUCTS AND TELEPHONE SUPPORT PROVIDED BY PACKARD BELL U.K. THE RELEVANT DOCUMENTATION IS DELIVERED WITH THE PRODUCT AND IS ALSO DISPLAYED ON THE WEBSITE http://packardbell.co.uk/cross/contact.

9 - Terms and conditions for export sales

Packard Bell invoices for shipment to a forwarding agent within the U.K. or to a U.K. address provided by the Customer. The Customer is directly liable for costs and practical arrangements regarding transit. Settlement of the invoice must have been made before the item ordered is dispatched.
Please note that products are subject to EU export control laws and, in certain circumstances, to US export control law as well and to the laws of the countries where they are used. Under these laws, certain products cannot be sold, hired or transferred to certain restricted end-users or countries for restricted end-uses. You agree to comply with these laws.

10 - Ownership and use of the software

THE PROPERTY RIGHTS, COPYRIGHT AND ECONOMIC RIGHTS COVERING THE PRODUCTS AND, IN PARTICULAR, THE SOFTWARE PROGRAMS, ARE OWNED BY THEIR RESPECTIVE SUPPLIERS. THEY ARE PROTECTED BY INTERNATIONAL REGULATIONS AND TREATIES RELATING TO INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE WHETHER PRE-LOADED ON THE PRODUCT OR DELIVERED SEPARATELY REMAINS THE PROPERTY OF ITS LICENSOR. THE CUSTOMER BENEFITS FROM A PERSONAL, NON-TRANSFERABLE, NON-EXCLUSIVE SOFTWARE LICENSE IN ACCORDANCE WITH THE RESTRICTIONS ON USE SET OUT IN THE DOCUMENTS AND LITERATURE ACCOMPANYING THE SOFTWARE, FOR AN INDEFINITE PERIOD OF TIME. CERTAIN PRE-LOADED SOFTWARE ON A PRODUCT DELIVERED MAY BE PROTECTED BY TECHNOLOGIES DESIGNED TO PREVENT ITS BEING COPIED. IN THIS CASE, THE CUSTOMER SHOULD FOLLOW THE SOFTWARE ACTIVATION PROCEDURE TO USE IT. THE SOFTWARE ACTIVATION PROCEDURE WILL BE EXPLAINED IN DETAIL WHEN THE SOFTWARE LAUNCHES AFTER THE PRODUCT IS STARTED UP.

11 - Force Majeure

Apart from those cases usually upheld by precedent and case law in the French Courts, the following events are deemed to be cases of force majeure: total or partial strikes (internal or external to the company), adverse weather, epidemics, blockade of means of transport or supply for any reason whatsoever, earthquakes, fire, storm, flood, water damage, government or legal restrictions, modifications to legislation or regulations on forms of marketing, total or partial blockade of means of communication or telecommunication including networks and services and all other cases outside of the express control of the parties and which prevent the normal performance hereof.

12 - Protecting your personal data

The information gathered on ordering a Product or Service is necessary for delivery and to send the documents relating to the Product or Service ordered. Packard Bell U.K. is liable to share this information with its contractual partners.
THE CUSTOMER ACKNOWLEDGES HAVING BEEN INFORMED THAT IN ACCORDANCE WITH THE PROVISIONS OF THE DATA PROTECTION ACT 1998 AS AMENDED, KNOWN AS THE PROTECTION OF PRIVACY ACT, HE HAS A RIGHT OF ACCESS, CORRECTION AND OBJECTION TO THE HOLDING OF PERSONALLY IDENTIFIABLE INFORMATION ON HIM BY APPLYING IN WRITING TO PACKARD BELL AT THE ADDRESS GIVEN BELOW.

Packard Bell
Acer House
Heathrow Boulevard III
282 Bath Road
West Drayton
Middlesex
UB7 0DQ

13 - Independence of the parties

Neither party may give any undertaking on behalf and/or for the account of the other.

14 - Special Provisions

If any of the stipulations in these terms and conditions is held to be invalid or declared as such by virtue of any law, regulation or following a final decision made by a competent jurisdiction, the other stipulations shall retain their full force and scope.
These terms and conditions are intended to comply with the mandatory legal provisions for consumer protection. In the event of any uncertainty arising, the mandatory legal provisions for consumer protection shall prevail over these terms and conditions.
The fact of either party not relying on a breach by the other party of any of the obligations referred to in these terms and conditions shall not be interpreted as a waiver of relying on the obligation concerned in the future.

15 - Governing law and allocation of jurisdiction

The UK courts have exclusive competence to hear all disputes arising from a visit to our Website or in connection therewith and any Contract for the purchase of products made through the intermediary of the Packard Bell Store and any claim arising in connection therewith, although we do reserve the right to bring legal action against you in the event of breach of these terms and conditions in your country of residence or any other country involved. These terms and conditions and such Contracts are governed by UK law.

16 - Address for Service - Notices

THE PARTIES ELECT THE ADDRESSES GIVEN ON THE PURCHASE ORDER FORM AS THEIR ADDRESS FOR SERVICE.

17 - Returns procedure

17.1 Basis and timeframe

The Customer has a period of seven (7) days, with effect from receipt of the order, to return his Product without having to justify any grounds or pay any penalties, with the exception of the return costs which remain at the Customer's charge.
Where the seven-day period expires on a Saturday, Sunday or public or bank holiday, it is extended until the next available working day.
Once this period has expired, the Customer no longer has this right of withdrawal.

17.2 Conditions

Address. To be accepted by Packard Bell and give rise to a refund or a replacement, the Product must be returned to the address that will be given to the Customer on contacting the Packard Bell Customer Service department ("Returns Address"), at the contact details specified below at Section 17.3.
Original packaging. The Product must absolutely be returned in its original packaging. The return Product will not be accepted by Packard Bell except if it is received complete and in perfect condition. We would recommend that you make your return by a carrier who provides a parcel-tracking service and take out adequate insurance to be able to claim reimbursement for any package lost by the carrier. In any event, we are not liable for any package not sent by us in the case of loss or theft. Any package sent by you that gets lost en route to our departments should be the subject of a claim and, where appropriate, an inquiry with the relevant department of the carrier selected by you.
Software. Any software delivered wrapped and packaged cannot be replaced or refunded if the packaging has been opened by the Customer.
Reasons. In order to improve efficiency and good case management, we would kindly ask Customers to state briefly the reasons why they are returning the Product.
The Customer should specify if he wishes a refund or a replacement of the Product.

17.3 Procedure

Customer Service. The Customer should first contact the Packard Bell Customer Service department to apply for a "Returns Number". You can contact Customer Services on the Internet by clicking here http://store.packardbell.com/go/return/uk/
Return Number. Depending on the method of communication used, the procedure is as follows:
On the Packard Bell Webservice, the Customer fills out the "Request for Product Return" form. Customer Services will assign a "Returns Number" to the Customer which will be sent to him by e-mail within 24 working hours. In order to facilitate processing the request, the Customer should write this “Returns Number” clearly on the package, under the Returns Address, in order to ensure speedy efficient processing of the Return Product. Repayment time. In the case of an application for a repayment received by Packard Bell within the seven (7) day period mentioned above, and where the right to cancel has been properly exercised, Packard Bell will endeavour to repay the amount paid on ordering within fifteen (15) days following the date on which the right was exercised. However, taking account of the method of payment and the specific nature of the Products sold, this period may be extended to thirty (30) days. Packard Bell reserves the right to refuse to refund or replace the Products returned where these are returned in damaged condition by the Customer.
For any additional queries, the Customer may contact the Packard Bell Customer Services.

17.4 After expiry of right to cancel period

Once the seven (7) day right to cancel period has expired, Packard Bell can offer the Customer a Support Service.
The "Warranty Conditions" are available from Packard Bell on:
http://packardbell.co.uk/support/warranty.htm

18 - Virus, computer piracy and other offences

You agree not to misuse our Website by knowingly introducing any viruses, Trojans, worms, logic bombs or other malicious or technologically harmful content. You must not attempt to obtain unauthorised access to our Website, the server on which our Website is hosted or any other server, computer or database connected to our Website. You must not attack our Website via any denial-of-service attack or distributed denial-of service attack.
Any recovery of data via the Internet is formally prohibited as are automated programs. Robots, web-crawlers, spiders and data miners are also forbidden to access this Website as is the use of any information obtained from this Website or service. You agree not to receive, transmit or access any content or data that breaches confidentiality or intellectual property rights or that is unacceptable in any other manner or illegal.
You agree not to circumvent any user-authentication process on this Website or host, network or account or to interfere in any way with the service of this Website by knowingly or recklessly transmitting any electronic content via this Website that would cause or is capable of causing harm or inconvenience at any level to the systems or computer networks owned by Acer or any third party.

19 - Links to our Website

You must not create any link to our Website in a manner that damages our reputation or that takes advantage of our Website and you must not create any link that might in any way whatsoever suggest any form of association, approval or endorsement by us where there is none. Any links to this Website must have received our prior written consent. Any application to create such a link to this Website must be made to Packard Bell, Acer House, Heathrow Boulevard III, 282 Bath Road, West Drayton, Middlesex, UB7 0DQ.

20 - Links from our Website

In order to provide added value to users of this Website, we are able to provide links to other Websites or resources supplied by third parties which you may access at your entire discretion. These links appear for information purposes only. We do not review any third-party Websites and we have no control over the content of such Websites or resources. We do not control, verify, endorse or make any representation with regard to these external sites or any service, product or content found at that location or any outcome that might be obtained through their use. Any such information can be incorrect, incomplete or obsolete. If you decide to access one of these third-party Websites from a link on our Website, you do so entirely at your own risk. WE DECLINE ALL LIABILITY RELATING TO THE CONTENT OF ANY THIRD-PARTY WEBSITES.

21. Intellectual property rights

Acer and/or the members of our group of companies own or hold licences for the whole of the intellectual property rights relating to our Website, to the content published on our site, all the drawings, text and graphics on the Website and their selection and arrangement, and the basic source code. Such content is protected by copyright, trademark and other intellectual property rights and by international treaties worldwide. All these rights are reserved. You may not use, copy, reproduce, modify, distribute, re-publish, display, post or transmit any part of the content of our Website for commercial purposes without first obtaining written authorisation for this purpose from us or from our license-holders. However, you may download or print a single copy to consult it off-line in a non-commercial capacity.