Products
Terms and Conditions of Sale
Definitions
1.1 These terms of sale apply to all Products supplied by Aerco Limited, whose registered office is at Unit 16/17 Lawson Hunt Industrial Park, Broadbridge Heath, Horsham, West Sussex RH12 3JR registered in England and Wales No. 572109 (the "Supplier", or "we", or "our") only in relation to the website Cherry Keyboards 'R' Us (the "website").
1.2 "Customer" means the other party to this agreement.
1.3 "Products" means the goods or services to be provided by the Supplier to the Customer.
General
2.1 A contract in respect of Products between the Supplier and the Customer shall not exist until the Customer's order has been accepted by the Supplier in accordance with the terms and conditions herein.
2.2 The terms and conditions herein shall not be deemed to have been altered, modified or varied unless expressly agreed to in writing by an authorised representative of the Supplier.
2.3 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 Products will not take place until after your payment is taken and you receive your acceptance e-mail.
Delivery
3.1 Delivery times quoted are only estimates, and we shall not be liable for any delays howsoever caused.
3.2 Unless otherwise specifically stated in writing all risk in the Product shall pass to the Customer or its appointed agent at the time of delivery.
3.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier 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.
3.4 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier 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 Products, less any expenses incurred for failed delivery.
3.5 Every effort will be made to deliver the Products as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
3.6 Upon receipt of your order you will be asked to sign for the Products 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.
Payment terms
4.1 Payment for the Products and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
4.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
4.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
Your right of cancellation
5.1 You have the right to cancel the contract at any time up to 7 working days after you receive the Products (see below). Please note that this policy has some limitations and does not apply to business Customers.
5.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the enotes section of our website, giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
5.3 Except in the case of faulty or misdescribed Products, if you exercise your right of cancellation after the Products have been delivered to you, you will be responsible for returning the Products to the Supplier at your own cost. The Products must be returned to the address shown on the returns form that will be sent to you after you have informed us that you wish to cancel. You must take reasonable care to ensure the Products are not damaged in the meantime or in transit. In the case of faulty or misdescribed Products the Supplier shall, after receiving notification, either collect the Products from you or ask you to return the Products to the Supplier in accordance with the Supplier's Returns procedure (see condition 7 below).
5.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will 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 Products.
5.5 Except in the case of faulty or misdescribed Products, if you do not return the Products as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the Products.
5.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable Products which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the Products.
Prices
6.1 The description and price of the Products you order will be as shown on the Supplier's website at the time you place your order.
6.2 In addition to the price, you may be required to pay a delivery charge for the Products, details of which are clearly displayed on our website at the point that you place your order.
6.3 The Products are subject to availability. If on receipt of your order the Products you have ordered are not available in stock, the Supplier 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 the Products.
Returns
7.1 For all details of the Supplier's return policy and procedures please click the link below:
Title and Risk
8.1 Not withstanding delivery and passing of risk, the property in the Products shall not pass to the Customer until the Supplier has received all monies owed by the Customer under this or any other contract.
Warranties, Limitation of Liability and Force Majeure
9.1 All Products supplied by the Supplier are subject to specific manufacture warranties, which are listed against each Product. If new Products develop a defect during the warranty period you should follow the Supplier's returns procedure (see condition 7 above).
9.2 The Supplier's liability in respect of defects in the Products shall be limited to the replacement of faulty items or the issue of credit notes in respect thereof or the granting of a refund and shall relate only to the actual faulty item or their value provided that no modification to the Products have been made.
9.3 The Supplier shall in no circumstances be liable, whether in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage, [including without limitation, loss of profit, loss of contract or loss of other economic advantage] arising from breach of any of its obligations under this agreement from the supply of or intended use of the Product or from its negligence, even if the Supplier has previously been advised of the possibility of such loss or damage occurring.
9.4 The Supplier and the Customer shall be excused from failure or delivery in performance hereunder if such failure or delay is attributable to causes beyond their control which makes such delivery of Products commercially impracticable. Such causes may include, Acts of God, acts of war, riots, epidemics, fires, floods, strikes or labour disputes, inabilities to obtain materials, or failures or delays in transportation. In the event of delay, supply shall take place as soon as reasonably feasible.
Termination
10.1 This agreement may be terminated after giving notice in writing:
By the Supplier if the Customer fails to pay any amounts within the due date.
If either party fails to perform any of its obligations under this agreement. If either party ceases trading or becomes insolvent or has a winding-up resolution or order passed or has a liquidator, receiver, administrator or analogous appointment over all or part of its assets or enters into arrangements with the creditors.
Waiver
11.1 The failure of either party to enforce or to exercise at any time or for any period of time, any term of or any right arising pursuant to this agreement does not constitute and shall not be construed as a waiver of such terms or right and shall not effect that party`s right later to enforce or to exercise it.
Legal Provision
12.1 The construction, validity and performance of this Agreement is governed by the law of England and the parties submit to the jurisdiction of the English courts.