PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
These terms govern the provision of any computer support services (Services) provided by Fresh PCs Consultancy LTD. (Trading as Fresh Tech). Fresh Tech provides you with access to and use of the Services subject to your compliance with the Terms. Fresh Tech reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that you are at least 18 years old; you have the right, capacity and authorisation necessary to legally bind yourself to the Terms.
Authorisation to Access your Computer You acknowledge that by your use of the Services you are authorising Fresh Tech to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services Fresh Tech may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Fresh Tech the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
Quotes Any verbal quote given by Fresh Tech is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price.
Any written quote will be provided by Fresh Tech at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no work will commence without explicit client approval.
Legal Rights The client is the legal owner or authorised representative of the legal owner of the property and all data and components contained therein sent to Fresh Tech. Any property left with Fresh Tech unclaimed for 60 days, will be disposed. At which time, Fresh Tech shall have no liability to the client or any third party.
Upgrades Fresh Tech can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. Fresh Tech will offer suggestions and advice on upgrades but is not liable for any compatibility issues.
Confidentiality Fresh Tech agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of Fresh Tech subject to confidentiality agreements or as required by law.
Backup Services & Potential Data Loss While Fresh Tech will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing Fresh Tech to perform diagnostic, repair, or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that Fresh Tech and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, date or files
If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
Payment Terms All work must be paid in full upon completion of service. If an amount remains delinquent 14 days after its issue date, an additional 5% penalty will be added for each week of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Limited Liability Fresh Tech shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Fresh Tech be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Fresh Tech has been advised of the possibility of damages or loss to persons or property. Fresh Tech’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. The client and Fresh Tech agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Fresh Tech option, additional attempts by Fresh Tech to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Fresh Tech services would be much greater if Fresh Tech undertook more extensive liability. The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Fresh Tech, and assumes any and all known risks of injury and property damage that may results.
TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Fresh Tech entity named on the invoice (Fresh PCs Consultancy Ltd.) that will be provided to you (Purchaser) on orders for computer systems, related products, services and support sold in England and Wales. By accepting delivery of the computer system(s), other products and or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Fresh PCs Consultancy Ltd., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER Fresh PCs Consultancy Ltd. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on Fresh Tech’s website of the update to the terms and conditions.
1. Pricing, Specifications & Availability
Prices, specifications, and availability of products are subject to change without notice. Changes will not affect orders that have already been accepted. Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Published prices do not include shipping and insurance. In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
2. Purchase & Sale
The party whose name appears after the heading (Bill To: ) is the Purchaser, and hereby orders from Fresh Tech. (Fresh PCs Consultancy Ltd.), the product(s) listed on the order invoice. Fresh Tech agrees to sell the product(s) upon the terms and conditions contained in this document. Purchaser shall be deemed to have agreed to all terms and conditions contained in this document, if Purchaser fails to object thereto in writing, before the earliest of the following times: (I) When Purchaser pays for the product(s), or, (II) When Purchaser accepts delivery of the product(s).
3. Purchase Price
Purchaser shall pay the total purchase price plus any applicable shipping and handling as specified on the invoice and any sales, or other applicable taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including, without limitation, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document.
4. Order Acceptance Policy:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fresh Tech reserves the right at any time after receipt of your order to accept or decline your order for any reason. Fresh Tech reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item unless total fulfilment of product is specified on the order. We may require additional verifications or information before accepting any order. Dispute of Charges is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.
5. Orders for Collection
Customers must collect all orders within two months of the invoice date
Purchaser shall inspect the product(s) at the time of collection and shall notify Fresh Tech of any defects or discrepancies within seven (7) days of the receipt of product(s). Absence of such notification, Purchaser shall be deemed to have accepted the product(s). Fresh Tech is not liable for any damage caused once product(s) are deemed accepted.
Any defective product(s) that are returned to Fresh Tech must be adequately and securely packaged by Customer prior to shipment. Purchaser must include original box, packaging, all manuals, drivers and accessories and original receipt for all refunds, exchanges, and warranty repair services.
Fresh Tech reserves the right to replace defective parts with equivalent parts, new or refurbished, as Fresh Tech deems necessary. Fresh Tech will refund purchases within 7 days of receipt in most instances. We reserve the right to withhold any refund after 7 days.
A £35 labour fee will be assessed if the products are returned and found to be non-defective.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorised repair or installation, as determined solely by Fresh Tech, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorised in writing by Fresh Tech shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. Fresh Tech shall return repaired or replaced product(s) to Purchaser, at its expense, via regular ground service within England and Wales. Shipping charges by all other methods and to all other destinations shall be borne by Purchaser. The warranty does not extend beyond the original purchase of product(s) from Fresh Tech. Any equipment used in conjunction with products purchased from Fresh Tech is not covered under this warranty.
Claims for defective products over 7 days from date of invoice are not covered under this policy. Defective products and claims over 7 days from the date of invoice must be sent back to manufacturer to be covered under their warranty terms and conditions. No exchange, refunds or swap-over are permitted for fault claims over 7 days.
Acceptance of purchased returns that are free of defects is purely at Fresh Tech’s discretion. Refund of this purchase will be by way of a credit note only. A 10% handling fee with a minimum of £35 will be charged.
Due to the nature of Software and Games, we are only able to offer a refund for these items if they are unused. The unique license must not have been activated. Refunds on software and games that have been opened, used or activated are available only if the disk is faulty or damaged.
LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
- Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
- Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
- Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
- Any Product that has had its serial number altered, defaced or removed.
- Insufficient or excessive electrical supply.
- Abnormal mechanical or environmental conditions.
- Unauthorised disassembly, alterations, repairs or modifications.
- Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
- Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
- Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
- In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers).
Fresh Tech and the provider of the Limited Hardware Warranty shall not be liable for:
- Loss of data during the use or attempted use of the Product or any of our or our affiliated companies service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process.
- Damage to other products, including but not limited to personal computers, used with the Product.
- Third party charges and costs incurred by You for troubleshooting, removing, servicing, repairing or installing any Product(s) or Software or third party branded products or software.
- Damage resulting from a third party branded product or software that causes the Product to fail.
- Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).
- Any period of time the Product is at the service centre or in transit.
The Limited Hardware Warranty may give Purchaser specific legal rights. Purchaser may also have other rights, which vary from city to city and country to country. The terms of the Limited Hardware Warranty generally do not exclude such rights. Some cities and countries disallow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages or the exclusion of liability for injury (including death) caused by negligence, so the above limitations or exclusions may not apply to Purchaser depending on the relevant jurisdiction.
Please refer to any Limited Hardware Warranty or other warranty documentation accompanying Your Product for more specific terms and conditions.
In the event of any conflict with the terms of this policy, the terms of the Limited Hardware Warranty or other warranty document accompanying Your Product shall govern.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Fresh PCs Consultancy Ltd. DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL Fresh PCs Consultancy Ltd. BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL Fresh PCs Consultancy Ltd’s LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
7. DOA Policy
Any new, unused, unsold, undamaged product that proven to be defective within 7 days of the invoice date shall be deemed as defective on arrival (“DOA”), subject to verification by Fresh Tech.
DOA products MUST be claimed with Fresh Tech within 7 days of the invoice date. Fresh Tech reserves the rights to repair exchange or issue credit to Purchaser on DOA product.
8. Cancellation & Returns Policy
You have the right to cancel the contract from the date the order was placed and up to seven working days after delivery, (beginning the day after delivery). The goods must be unopened and in a perfect resalable condition. Goods made to Purchaser’s chosen specification (i.e. custom built) cannot be returned under the 7 working day “cooling off period”.
To exercise the right of cancellation, Purchaser must provide notice to Fresh Tech giving details of the goods ordered and (where appropriate) their delivery.
Fresh Tech will refund or re-credit Purchaser within 30 days for any sum that has been paid by Purchaser for the goods excluding any direct charges incurred by the Fresh Tech.
Purchaser has a duty of care, under these terms, to take care of the goods so that they may be sold again as new, by the Fresh Tech. Any resulting loss in value for goods not kept so that they may be sold again as new may be sought from Purchaser. Purchaser agrees to deliver goods back to Fresh Tech or make the goods freely available at the original delivery address, to Fresh Tech or his authorised agent, within 7 days of cancellation, for collection on a working day.
If Purchaser wishes to cancel an order for a computer that has entered the building process but not yet been dispatched, a cancellation charge of £30 + VAT will apply. This is to cover the costs incurred by Fresh Tech for processing your order.
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, full payment is due at the time an order is placed.
10. Data Protection
Fresh Tech receives orders and payments via a secure server. Fresh Tech will take all reasonable precautions to keep the details of Purchaser’s order and payment secure. Fresh Tech will only use the personally identifiable information Purchaser provides for the purpose of fulfilling an order.
11. Jurisdiction and Venue
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Fresh Tech may amend any terms and conditions at any time and take effect upon posting on Fresh Tech’s website. This document sets forth the entire and final understanding of Purchaser and Fresh Tech pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. Fresh Tech’s agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.