TERMS AND CONDITIONS

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DIAMONDSOURCE LIMITED trading as Office Printer Repairs

www.officeprinterrepairs.co.uk www.diamondsource.co.uk

TERMS AND CONDITIONS OF USE OF OUR SITE

THIS SITE IS FOR USE BY BUSINESSES ONLY

When you use our Site these terms and conditions apply – so you need to read them.

They do change from time to time and so each time you come to the Site, you agree that you will re-read them – we don’t have the resources to notify you personally

1.    AGREEMENT This page is meant to form the basis of the relationship between us and both you and we agree to be bound by what it says. No contract for the supply of Goods and/or Services comes into effect until we have notified you that we have accepted your order

2.   DEFINITIONS There are some definitions at the bottom of the page.

3.    YOUR PROMISES TO US

You warrant and agree that:

• you have the right to make this Agreement with us and that you are over the age of 18 years
• you will have only one Account with us
• all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else
• if you have a username on the Site, that name will not be offensive, suggest that you are someone else or that you represent a trade or brand name and you agree that we may insist that you change your username if we think it breaks this term
• if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to
• you won’t use robots, spiders, scrapers or similar things on our Site
• you won’t try to get around any things we put on the Site to stop or limit access to parts of it
• you won’t do anything that might cause our systems to crash
• you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application
• you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site or the services it offers
• you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own

4.   INTELLECTUAL PROPERTY

4.1          Either we or our affiliates own all of the information and intellectual property on the Site.

4.2          You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.

5.            Estimates

5.1          All estimates we provide assume that a repair to your Equipment can be carried out on your premises within a reasonable time of our arrival.

5.2          Unless we agree in writing before we start work, the cost of any parts required to do the repair is not included in any estimate we provide

5.3          If we need to come back to complete the repair those visits will be included in any estimate we have provided but not if we have given an hourly rate for the repair, in which case we charge for our time at that rate

5.4          If we agree to supply and fit, our labour cost is included but only for the part you asked for and not any other work that may be needed

6.            Payment

6.1          Unless you have an account or we agree otherwise you must pay us in advance

6.2          If we agree that you can pay us after the work is done you must pay us within 14 days of receiving an invoice. If you don’t

6.2.1       you must pay us interest on the balance due (as well before as after any judgment) at the rate of 10% per annum.

6.2.2       we will suspend any services we supply you with until you pay us in full.

7.            Returns and Refunds

7.1          Business Customers

7.1.1       We will replace any product we supply which is in defective if you tell us within 3 days of buying it but we do not offer a refund for any other reason.

7.1.2       If you wish to return any part, you must contact us by telephone or email before you make the return and we will confirm our returns procedure.

7.1.3       Any refund will be made to the bank account you used when paying us

7.2          Consumers –

If you are buying something from us as a consumer (“Goods”) then the following provisions apply:

7.2.1       If you receive goods which:

            7.2.1.1       do not match the description of the Goods that You ordered from us or

            7.2.1.2       have faults when they are delivered to you or

            7.2.1.3       have been damaged in transit

You must tell us within 3 days of delivery to arrange for their return and you must pay the shipping costs and we will have the option to replace the Goods (if available) or to refund you through the payment method used by you when you bought the Goods. Refunds and/or replacements will be issued only upon our receipt of the returned Goods.

7.2.2       If you don’t want the Goods then you must tell us within 14 days of their delivery and when we receive the Goods in an unused state, in their original unopened packaging and in a saleable condition we will refund the price you paid for them plus our standard postage and packing costs.

                You must contact us beforehand and cancel this contract using our Cancellation Form (link to cancellation form here).

7.2.3       If you start to use any service we offer within the period of 14 days from the date we accept your order, we can bill you for the work we have carried out for you and your right to cancellation may be lost

7.3          We have the right to amend the amount we refund pursuant to this agreement  in the following circumstances:

7.3.1       You have used and enjoyed the Goods;

7.3.2       The Goods are of a nature which may cause them to deteriorate or expire rapidly and you do not communicate with us in a timely manner;

7.3.3       If the individual packaging has been opened;

7.3.4       If we’ve given you any discounts to reflect any lack of quality made known to you at the time of purchase

8.            Use of Communications Facilities

8.1          If you use using the enquiry form or any other System on the Site you must follow these rules:

• you must not use language that may be offensive to other Users;
• you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• you must submit no Content that is intended to promote or incite violence;
• Content must be posted, and communications with us must be made, using the English language;
• you must not post links to other sites containing any of the above types of Content;
• the means by which you identify yourself must not violate these T&Cs or any applicable laws;
• you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
• you give us an unrestricted licence for all purposes and for the whole of the world to use the material you publish on the Site without charge and/or acknowledgement of you as the author;
• you must not impersonate other people, particularly our employees and representatives and those of our affiliates; and
• you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.

8.2          We may monitor any and all communications made to us or using our System.

8.3          We may keep copies of any and all communications made to us or using our System.

8.4          You acknowledge that any information you send to us through our System or post in any chat rooms or forums we host on the Site may be modified by us and used by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

9.            Accounts

9.1          We may ask you to create an Account which will contain certain personal details and Payment Information.  By continuing to use this Site you represent and warrant that:

9.1.1       all information you submit is accurate and truthful;

9.1.2       you have permission to submit Payment Information where permission may be required; and

9.1.3       you will keep this information accurate and up-to-date.

9.1.4       by creating the Account you are confirming this representation and warranty.

9.2          We accept no liability for any losses or damages incurred if you share your Account details with others.

9.3          If you think that your Account details have been stolen, you must tell us immediately and we will suspend your Account and cancel any unauthorised orders or payments as soon as we can.  We can only cancel orders up the point where we deliver Services.  If we supply any Goods or services before you tell us then we are not responsible for the losses you incur.

9.4          We may reject any User name and to require you to furnish an alternative.

10.          Termination and Cancellation

10.1        We may cancel your Account at any time and you can cancel at any time unless we have started work for you. If you have paid us in advance you must tell us at least 10 working hours before the time we are due to start work otherwise you must pay the fee we have charged in full

10.2        Cancellation of the Account must be in writing and if you are giving notice to us, you must give us at least 1 working day’s notice of the termination, if you don’t  we can charge and be paid for all work we have scheduled for you in that period.

11.          Services, Pricing and Availability

11.1        We try to make sure that when we describe a service, what you get matches that description

and we are not responsible for variations which are minor or are caused by you. If we have been negligent, our responsibility does not change.

11.2        We don’t promise that all our services will be available all the time. 

11.3        Our prices are correct at the time we posted them.

11.4        Any free Services we offer can be withdrawn at any time and we don’t not warrant that such Services will always be free to use.

11.5        We may change the prices we charge for Services or Goods and change any special offers we may make as and when we want

11.6        If our prices do change between you placing an order and us processing  it and taking payment,  we’ll tell you and you may cancel that order without charge.

11.7        No prices on the Site include VAT and a VAT invoice will be supplied on demand

11.8        Title to all Goods stays with us until you have paid us in full for them

12.          Privacy

PRIVACY & COOKIES

We and You both agree that our Privacy and Cookie Policy forms part of these T&Cs.  [link to Privacy Policy here]

13.     Disclaimers

13.1        We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.

13.2        We can’t promise that it will work with all systems; that it will be secure and that all information provided will be accurate.

13.3        Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for Service, you must take steps to double check that that advice is effective for you.

13.4        We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.

13.5        Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.

14.          Changes to the Service and these Terms and Conditions

We may change the Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Site following the changes.  If we are required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

15.          Availability of the Site

15.1        We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.

15.2        We may change the Site and the services it offers, suspend it or stop it at any time.

16.          Limitation of Liability

16.1        As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk.

16.2        We do not accept any liability if you are using the Goods and Services for commercial purposes.

16.3        Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

17.   Links to Other Websites

17.1        We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.

17.2        Just because we link to a site does not mean that we endorse or recommend that site.

17.3        We can never guarantee that a link will work.

17.4        If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.

18.   Third Party Rights

Nothing in these Terms and Conditions will confer any rights upon any third party.

19.    General Stuff

·         Operative Law – this Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.

• Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
• Effect of Agreement – this Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
• Time of the Essence – time will not be of the essence in any part of this Agreement.

·         Warranties – all parties acknowledge and agree that they have not entered into this Agreement in reliance on anything said or promised by the other which is not in these T&Cs.

• Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
• Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.

·         Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.

• Entire Agreement – these T&Cs contain the entire understanding between us.

20.          Definitions and Interpretation

In this Agreement the following terms will have the following meanings: 

“Owner”                             means DIAMONDSOURCE LIMITED company number: 3495951 registered office: 3 Girton Road London Se26 5DJ

 “Site”                               means ; www.officeprinterrepairs.co.uk

“Us” “We” “Our”                  means either the Site or the Owner or both;

 “You” “Your”                     are a visitor to our Site for any purpose whatsoever;

“Account”                          means collectively the personal information, Payment Information and credentials used by Users to access any communications System on the Site;

“Content”      means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;

“Equipment”       means the printer or other equipment you have asked us to repair;

“Goods”     means any goods you ask us to supply;

“Service”                           means the service of maintaining and repairing printers and associated equipment;

“Payment Information”        means any details required for the purchase of Services from this Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“System”                           means any online communications infrastructure that we make available through the Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; and

“User” / “Users”                  means any third party that accesses the Site and is not employed by us and acting in the course of their employment.