a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
This policy covers all users who register to use the Netbit website. It is not necessary to register in order to gain access to the searching facilities of the site, but we may restrict access to certain areas. We are committed to protecting your privacy when you are using our online services.
Terms & Conditions of Sale During our registration process, we ask for personal information which both identifies you and enables us to communicate with you. We also invite you to tell us your interests so that we can make our communications relevant and interesting for you.
To help us prevent fraud, please be aware that we may make searches about you at credit reference agencies for the purpose of verifying your identity. We will use the information you provide only for the following purposes:
To send updates regarding the status of your orders
To send you newsletters and details of offers and promotions in which we believe you will be interested
To improve the content, design and layout of the netbit.biz website and to facilitate knowledge management
To understand the interests and buying behaviour of our registered users
To perform other such general marketing and promotional activities focused on our products and services. We may also register you for our other services which we feel may be useful or of interest to you
a) Making an agreement to purchase our goods
The market in the goods is such that the specification, description and price of individual goods can change
The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
Your order is an offer to us to buy the goods of the specification and description at the price indicated.
Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
b) Delivery of the goods
The price of the goods does not include delivery by us to you
The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
Insofar as you report any damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
In respect of any damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.
Payment and Price
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.
We will try to deliver the goods to you within the time estimated for delivery.
If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
1. we shall inform you by e-mail ;
2. we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;
3. unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
Your right of cancellation
The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods.
You may cancel by giving us notice in any of the following ways:
1. by a notice in writing which you leave at our address (given above);
2. by a notice in writing which you send by post to our address (given above);
3. by facsimile to our business facsimile number (given above);
4. by electronic mail to our electronic mail address (given above);
and the notice shall operate to cancel the agreement between us.
o If you cancel the agreement :
1. you must return the goods to us at the address given above ;
2. the goods must be returned to us complete (please note the definition of goods given above) ;
3. you are responsible for the cost of returning the goods to us at the address given above ;
4. you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
5. you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
7. we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
Our right of cancellation
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Your right of cancellation is in addition to your other statutory rights.
The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
Guarantees and after sales service
We guarantee that the goods will correspond with the stated description and specification.
We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
Subject to you complying with the voluntary code for the return of goods we guarantee that the goods will remain of satisfactory quality in normal use for 3 months following delivery and will refund the cost of the goods or credit the cost of the goods or replace the goods in accordance with timescale for return of the goods set out in the voluntary code.
The terms of any manufacturer's guarantee and after sales service will be included within the documents accompanying the goods.
We are willing to provide advice to you in accordance with the conditions below.
It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
It is your responsibility to ensure proper installation of our goods into your existing system.
It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
Voluntary code for the return of goods by you to us
This code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
IMPORTANT: In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizens advice bureau.
We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of delivery to you, incompatibility with existing components within your system, poor installation or simply slower performance than you require.
We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
In any case where we agree that the problem has arisen because of a defect in the goods at the point of delivery to you:
we will refund the cost of the goods to you if returned within 28 days of the date of delivery;
in any other case we will replace the goods or provide you with a credit for the cost of the goods.
In every case where you return goods upon the basis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods.
Insofar as it may be established that there was no defect in the goods at the point of delivery to you, we reserve the right to charge you £10 as a contribution towards the cost of inspecting and testing the goods.
In any case where it is established that there was no defect in the goods at the point of delivery to you:
we will nonetheless try to assist you in resolving the problem
Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods.
Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.
These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.
1. Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
2. Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
3. These terms represent the entire agreement between you and us.
b) Price and Payment
The price (unless otherwise expressly stated) shall be exclusive of value added tax which shall be due at the rate ruling on the date of our invoice.
Where the price is expressed to be inclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax.
Payment of the price and value added tax shall be due within 30 days of the date of the date of the invoice. Time for payment shall be of the essence.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above Barclays Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
1. suspend or cancel deliveries of any articles due to you; and/or
2. Appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.
No set off
You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
Delivery and non-delivery of goods
The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be your agent.
We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.
Notwithstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.
Retention of title by us
The goods shall be at your risk as from delivery.
In spite of delivery having been made property in the goods shall not pass to you until:
you have paid the price plus value added tax in full; and
no other sums whatever shall be due from you to us.
Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on you own behalf and you shall deal as principal when making such sales or dealings.
Acceptance of the goods
You shall be deemed to have accepted the goods 3 days after delivery to your carrier.
After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
Rejection of the goods
If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
Return of goods which are in accordance with the contract
No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
If we agree to accept any such goods for return you shall be liable to pay a handling charge of (10%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.
Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Variations in description or specification
We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
Limitations upon our liability to you
Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.
Choice of law and jurisdiction
This contract is subject to the law of England and Wales.
All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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