Terms and Conditions
These Terms and Conditions apply to the sale of all products by us, Proactive Technology Services also trading as Grade A Technology, a company registered in England and Wales under number 08420958, whose registered office address is at 3b Whitehorse Street, Baldock, Hertfordshire, SG7 6PX (“the Company/we/us/our”).
1. Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Products, as explained in clause 2;
“Customer/you/your” means you, means the Consumer or business ordering the Products. Where the person ordering the Products is an individual doing so on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business will be the Customer in the context of this Contract;
“Product(s)” means the IT equipment and any other Products which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Products;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and
“Website” means gradeatechnology.co.uk.
- Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
- Any reference to a working day is a working day in England (Monday – Friday, excluding bank holidays).
2. The Contract
- These Terms and Conditions govern the sale of all Products by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, you may do so via our Website, which will guide you through the ordering process, or by telephoning us. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
- No part of our Website or sales literature constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. We will indicate our acceptance sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
- The Order Confirmation will confirm the Products ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the delivery option you have chosen for the Products.
- If, for any reason, we do not accept or cannot fulfil your Order, we will not take payment under normal circumstances. If we have taken payment, we will refund this to you as soon as possible (and in any event, within 14 days).
- Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
- We may be able to offer custom configurations, in which case we will send a quotation for the Products and these will need to be paid for in advance when the order is placed. Custom configured Products are not returnable.
3. Description and Specification of Products
- All the Products we sell are of a technical nature and it is not always practical or possible to publish detailed specifications of all the Products. All images, descriptive matter, specifications and advertising on our Website are for the sole purpose of giving an approximate description of the Products. Full detailed specifications are available from the manufacturers themselves. Please also note that certain colours may look different to the actual colour of the Products, when displayed on an electronic device.
- We reserve the right to make changes to the specification of the Products without notifying you, if this is needed to conform to any applicable safety, legal or regulatory requirements.
- We do not represent or warrant that particular Products will be available. If the Products are not available, then clause 2.4 will apply.
4. Price and Payment
- The price of the Products will be that shown on our Website or notified to you by telephone at the time of your Order. Our prices may change at any time but this will not affect any Orders that we have already accepted.
- We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical or other accidental errors or omissions, we will make every reasonable effort to correct these as soon as possible.
- If there is an obvious pricing error, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and you could have reasonably recognised it as a mispricing. We will check the prices when we process your Order.
- All prices are shown inclusive and exclusive of VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment from you in full.
- Delivery charges are not included in the price of the Products. Delivery options and any related charges will be presented to you as part of the Order process.
- Payment for the Products and any related delivery charges must be made at the time of Order and you will be prompted to pay during the Order process.
- All payments made over the telephone or via the Website will be processed via a payment gateway provider, such as PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions, under a separate contractual relationship. We cannot be held liable for any errors, actions, omissions or incorrect charges that they may make, as a third party.
- We will send you an email confirmation notifying you when the Order has been despatched. In any event, Orders will be delivered within 30 days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 12).
- Orders will be delivered by courier and you will be required to sign for the delivery. If no-one is available at your delivery address to receive the Products, then we may need to charge for the redelivery. If your Order has not arrived by the estimated delivery date, please contact us in writing as soon as possible so we can investigate.
- If there are likely to be any delivery restrictions to your chosen address, please contact us before placing your Order, as this may incur additional costs.
- In the unlikely event that we fail to deliver the Products within 30 calendar days of our Order Confirmation (or as otherwise agreed under clause 5.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Products; or in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the Products that delivery within that time period was essential.
- If you do not wish to cancel under clause 5.4 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
- Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products. If you have nominated a safe place in which the courier can leave the Products without a signature, delivery will be deemed to have taken place when the Products are delivered to this safe place.
- The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 5.6, at which point it will pass to you.
6. Consumers Only – Faulty, Damaged or Incorrect Products
- By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If there is a problem with a Product you purchased from us, you should refer to the user’s reference manual for assistance in the first instance. However, if any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
- Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
- If you do not wish to reject the Products, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Products. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
- If, after replacement, the Products still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price, or reject them in exchange for a refund.
- If you exercise the final right to reject the Products more than six months after you have received the Products, we may reduce any refund to reflect the use that you have had out of the Products.
- Within a period of six years after you have received the Products, if the Products do not last a reasonable length of time, you may be entitled to a partial refund. However, after six months have passed since you received the Products, you will need to prove that the defect or non-conformity existed at the time of delivery.
- Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them – please refer to clause 6.3); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, failure to use the Products in accordance with the manufacturer’s guidance, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 6 merely because you have changed your mind – please refer to clause 7 for this.
- Where the Products are used and/or refurbished, we specify various grades for them, which you are deemed to have accepted, as follows:
- A Grade Products – Excellent condition, used little or with no scratches (however it is not guaranteed to be mark-free due to being a used Product).
- B Grade Products – Minimal wear, very good condition, these items will show marks and scratches which is why they are B Grade.
- C Grade Products – Will have some signs of wear and markings.
- You will be unable to claim under this clause 6 for issues not under warranty. Please refer to clause 10 for further information.
- To return Products to us for any reason under this clause 6, please contact us to arrange for the return. We will be fully responsible for the costs of returning Products under this clause 6 and will reimburse you where appropriate.
- Refunds will be issued using the same payment method that you used when ordering the Products (unless you specifically request that we use a different method) within 14 days of the day on which we agree that you are entitled to the refund and will include all delivery costs paid by you when the Products were originally purchased.
7. Consumers Only – Cancelling and Returning Products if You Change Your Mind
- If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
- If the Products are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products. If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products.
- If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Website. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- Please note that you may lose your legal right to cancel under this clause 7 if the Products have been personalised or custom-made for you.
- Please ensure that you return Products to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 7.
- You may return Products to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Products to us if cancelling under this clause 7. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
- Refunds will be issued to you within 14 calendar days from:
- the day on which we receive the Products back; or
- if we have not yet provided an Order Confirmation or have not yet despatched the Products, the day on which you inform us that you wish to cancel the Contract.
- Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the Products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Products have been handled excessively.
- Refunds under this clause 7 will be made using the same payment method that you used when ordering the Products, unless you specifically request that we make a refund using a different method.
8. Business Customers Only – Cancellation and Returns
- If you are not a Consumer, you may not cancel any Order which we have accepted, except with our written agreement and on the basis that you will indemnify us in full against all loss, costs, restocking fees and other expenses we may incur as a result of the cancellation.
- If, on delivery, you are not satisfied with the Products and wish to return them, you may do so only provided:
- you inspect the Products on delivery. Where the Products cannot be examined, the delivery note or such other note as appropriate must be marked as “not examined”.
- you inform us that you wish to return the Products within 48 hours of delivery;
- the Products remain in their original condition, as delivered;
- the Products are returned at your risk and you agree to bear the cost of delivery to us; and
- you indemnify us against any cost incurred by us in rectifying any deterioration of the Products caused by incorrect storage or use while in your possession.
- If, on receipt, we prove the Products to be damaged or defective, and you comply with clause 8.2 above, we may refund the cost of delivery at our discretion.
- You must return all Products to us in their original condition, in their original, un-opened packaging, with proof of purchase.
We may offer to replace the Products (or the defective part of them), or offer you a credit or refund at our discretion. This will only be issued to you once we receive the original Products back.
If the Products are not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.
9. Cancellations by Us
- We may cancel your Order at any time before we despatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or If an event outside of our control occurs (please see clause 12).
- If we cancel your Order and you have already paid for the Products under clause 4, we will confirm this in writing and will refund the payment to you within 14 days.
- If you are a business Customer, we may cancel any Order, suspend further deliveries, terminate your account and/or charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate, if you breach your Contract with us, or if you become insolvent, bankrupt or anything similar occurs. In this event, we will have the right to request immediate payment for any Products that have been delivered but not yet paid for, and we will be entitled to require you to deliver any Products to us in which we retain ownership and, if you fail to do so, to enter upon any premises of yours or any third party during normal working hours where the Products are stored and repossess them.
10. Guarantee and Warranty
- We will pass on the benefit of any manufacturer’s warranty or guarantee, where applicable. This exists in addition to your legal rights as a Consumer, where applicable.
- Any guarantee or warranty offered does not cover:
- Normal wear and tear of using the Products;
- Misuse, lack of care, mishandling, accident, abuse or other abnormal use;
- Use of the Product other than for its intended purpose;
- Damage caused by improper or unauthorised repair or maintenance;
- Any repair carried out without our consent or where the warranty seal is broken;
- Product that has been modified or altered;
- Software issues (any problems associated with software – whether bundled or installed by user, file corruption, internet setup etc.);
- Accidental damage like breaking the screen or spilling liquid on it. You would need independent insurance to cover this;
- Used batteries or other consumable items, as these are expected to degrade over time and may require replacement.
- For any Product under warranty, please contact us in the first instance. Please do not return any Product to us without our prior confirmation. We reserve the right to repair or replace the defective Product under warranty as we see appropriate.
- This clause is in addition to your rights under clause 6 where appropriate.
11. Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
- Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
- Subject to clause 11.4, for business Customers only, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total price paid for the Products. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
13. Contact Details, Complaints and Feedback
- We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
- If you have any queries, complaints or problems with the Products, please contact us in writing in the first instance so we can investigate.
- If you are a consumer in the EU and you have a dispute, you can use the EU Online Dispute Resolution platform to try to resolve it. The link is:
14. How We Use Your Personal Information (Data Protection)
15. Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
- The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales and where you are a consumer within the EU, any other mandatory EU law concerning your rights as a consumer.
- Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales (except as detailed in clause 16.1).