TERMS & CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO SALES AND OPEN ONLINE. THIS IS GREATLY ADVISED THAT YOU READ AND AGREE TO ALL TERMS AND CONDITIONS BEFORE USING OUR SITE, PRODUCTS AND SERVICES.
1. IT-Dealers.com website
1.1 This website is operated by IT-Dealers whose registered office is at 401 North Michigan Avenue, Suite 1200, Chicago, Illinois, 60611 (“IT-Dealers.com” or “we” or “us”). 1.2 IT DEALERS IS A RESELLER OF COMPUTER-RELATED PRODUCTS AND PERIPHERALS. 1.3 This website is intended for use by IT-Dealers.com’s customers and prospective customers. Persons who place an order for IT-Dealers.com’s products on this website are bound by IT Dealers Terms and Conditions. Please review these Terms and Conditions, before placing any order through this website. 1.4 We provide access to and use of the IT-Dealers.com website subject to the following terms and conditions which may be updated by us without notice to you. BY USING OR ACCESSING THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE CEASE USING THE WEBSITE.
2. Definitions 2.1 “Business Customer” means a customer who is not a Consumer; 2.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession; 2.3 “IT-Dealers.com” means IT Dealers also referred to as “we” or “us” in these Terms and Conditions; 2.4 “Catalogue” means the catalogue of products and services offered by IT-Dealers.com; 2.5 “Force Majeure” means any cause affecting the performance by IT-Dealers.com of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party; 2.6 “Normal Working Hours” means 9.00 am to 5 pm on a Working Day; 2.7 “Working days” means Monday to Friday, excluding Bank or other Public holidays; 2.8 “Open Online” or “web site” means the IT Dealers internet website, accessed through the address IT-Dealers.com; 2.9 “Customer” means a customer or potential customer of IT-Dealers.com; 2.10 “User” means the person who accesses Open Online on behalf of the Customer; 2.11 “Administrator” means the person who is charged to administrate and authorize Users on behalf of the Customer; 2.12 “Products” means the products listed for sale on Open Online, which can be purchased by the Customer; 2.13 “Terms and Conditions” means the terms and conditions for access to the IT-Dealers.com Open Online system by the Customer and its Users and the IT-Dealers.com Limited Terms and Conditions of sale, which deal with the commercial and trading aspects between the Customer and IT-Dealers.com Limited. 3. Orders 3.1 All contracts of sale made by IT-Dealers.com shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Cancellation of orders is subject to terms and conditions provided in the Shipping and Returns Section of our website. Nothing in these terms and conditions is intended to impose upon a Consumer’s statutory or contractual rights to reject faulty goods. 3.2 All orders are subject to acceptance and to availability of the goods ordered: IT-Dealers.com is entitled to refuse any order placed by you. 3.3 You undertake that: 3.3.1 all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and 3.3.2 the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. 3.4 Please note, IT-Dealers.com may record and / or monitor inbound and outbound calls and electronic traffic for training purposes. 4. Prices 4.1 All prices are exclusive of taxes or any other sales taxes, for which (if applicable) the Customer shall be additionally liable. 4.2 IT-Dealers.com reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the price of the Goods to reflect any changes in specifications for the Goods which are requested by the Customer or are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to the Seller. 5. Ordering 5.1 You can place order with us by using any of the below given methods. (a) Over the Internet through our internet site: IT-Dealers.com. (b) By telephone: (312) 235 1029 (c) By e-mailing your Purchase Order to: sales@IT-Dealers.com 5.2 Once processed, We will confirm that your order has been dispatched with its tracking number by email. 5.3 Please note that we use the e-mail address that you have given us either on the web, on the phone, or by fax. 6. Delivery Terms, Methods and Process Time 6.1 For all delivery questions please contact IT-Dealers.com competent team or over the phone (312) 235 1029. 6.2 IT-Dealers.com shall use reasonable endeavors to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable. 6.3 In the case of a Business Customer, if IT-Dealers.com is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any amount paid to IT-Dealers.com in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to IT-Dealers.com after the above date but before delivery of the goods or notification from IT-Dealers.com that the goods are ready for delivery. This Clause does not apply to Consumers. 6.4 In the case of Business Customers, IT-Dealers.com does not accept liability for shortages or damage to deliveries unless the Customer notifies IT-Dealers.com of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware. 6.5 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours. 6.6 The Goods are at the risk of the Seller from the time of their delivery by the Seller to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or the Seller is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorizations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence) from the moment of a signed POD, the Goods will be deemed to have been delivered, the Seller may store the Goods until delivery whereupon the Customer will be liable for all related costs and. 6.7 Title in the goods does not pass to the Customer until payment is received in full by IT-Dealers.com. 6.8 If the Customer cannot accept delivery, IT-Dealers.com may at its option: (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re-arrange delivery provided that IT-Dealers.com may charge the Customer for the additional delivery costs incurred. 6.9 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and IT-Dealers.com shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed. 6.10 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. IT-Dealers.com shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. 6.11 Delivery terms: 6.11.1 Standard delivery: With standard delivery you receive your complete order within 1 to 2 days, from the point when all the items in your order are in stock. 6.11.2 Same Day Delivery: With Same Day Delivery you receive your order for items that are in stock before close of business for all orders placed before 11 AM within Chicago. There is a standard cost of $130 for this service however this price can change depending on the destination, volume and weight. Please speak to a representative of IT-Dealers.com for more details. 6.11.3 Partial Shipping: If you order more than one item - it is possible that they could be on different lead-times and therefore you could request various deliveries and will be charged for all extra deliveries above the standard. 6.11.4 Shipping to various locations Some customers purchase centrally and wish to have various items delivered to various offices, this can be done after the relevant security checks are clear and the added costs covered. 7. Product Availability 7.1 Our website is regularly updated throughout the day, to ensure that we provide accurate details on product availability and the listed lead-time is regularly updated. We endeavor to ensure availability on all our advertised items is constant, however we cannot warranty availability. In the unlikely event that your chosen item is unavailable we will contact you ASAP to advise of expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. If a product is shown as being out of stock in our internet site there is still a chance that one of our suppliers may have stock. If you wish to check this you can e-mail sales@IT-Dealers.com or phone us on (312) 235 1029. 8. Payment Methods and Charges 8.1 There are four different ways to arrange payment, whether you are ordering online, by phone, fax or email: Account, Credit and Debit Cards or Bank transfer. 8.1.1 On Account - Please fill in the Credit Application and Authorisation Form, once we have received this we apply for an insured credit limit from ‘CreditFocus’, this process can take up to a week, once complete we can than credit up to the insured limit offered to us. 8.1.2 Credit and Debit cards: Visa, Eurocard -Mastercard, Switch and Solo: by means of a secure payment system (your card is charged at the day of your order for security reasons). This can either be done online or by filling in the credit card form. 8.1.3 Bank transfer payment: IT-Dealers.com offers the opportunity to pay by bank transfer. Please note that Bank transfers from abroad will only be accepted if the additional transfer costs are paid by the customer. Your payment will be processed when your bank transfer is received. Once your payment is received we will dispatch your goods. The processing of off-line payments may take several days. 8.1.4 By telephone: Through our customer service (312) 235 1029. If you place an especially high-value order we reserve the right to contact you for further confirmation of your order details, prior to authorization. 8.2 Please note that for security reasons IT-Dealers.com reserve the right to ask its clients for a bank transfer payment for a first transaction. Moreover, for security reasons IT-Dealers.com reserve the right to call its first time clients upon receipt of their orders. 8.3 Please note that if our insurance company and our fraud department suspect a fraud we reserve the right to cancel a transaction for security purposes. 8.4 IT-Dealers.com standard terms of payment for credit account customers are 30 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing. If payment is not made on the due date, IT-Dealers.com will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays PLC base lending rate from time to time. 9. Product specifications 9.1 IT-Dealers.com makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. 9.2 If IT-Dealers.com cannot supply the goods ordered by the Customer, IT-Dealers.com reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to IT-Dealers.com in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances. 10. Trade names and Trade Marks 10.1 Trade names and marks (other than IT-Dealers.com’s) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products. 10.2 In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with IT-Dealers.com the identity of the manufacturer of component it is proposed to purchase. 11. Warranties and Returns - RMA 11.1 Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause. 11.2 Customers who are Consumers are covered under this section. 11.3 IT-Dealers.com is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below. 11.4 IT-Dealers.com offers consumers and business customers a 12 month warranty on all Cisco products. IT-Dealers.com offers wholesale customers a 3 month warranty on all Cisco products. (IT-Dealers.com is not a partner nor an affiliate of Cisco’s and as such is unable to offer the manufacturer’s own warranty should it differ from the above.) For all other goods, the Manufacturer’s warranty will apply. 11.5 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. 11.6 If you purchase services in the course of your business, the following provisions of this Clause shall apply. IT-Dealers.com shall use its skill and expertise to carry out any contracted works (the “Service(s)”) to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by IT-Dealers.com’s services’ engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgment applied in the course of providing Services, IT-Dealers.com reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, IT-Dealers.com cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other thanIT-Dealers.com. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law. 11.7 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000,IT-Dealers.com does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. 11.8 In the event that IT-Dealers.com, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, agrees to accept the return for credit of unwanted products, the goods must be returned with IT-Dealers.com’s prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection Regulations 2000 apply, will be subject to a handling fee of 25% of IT-Dealers.com’s sale price for the goods. 11.9 Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service. 11.10 IT-Dealers.com’s technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns Unit "401 North Michigan Avenue, Suite 1200, Chicago, Illinois, 60611" 12. IT-Dealers.com ’s liability 12.1 In its dealings with Business Customers, IT-Dealers.com shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). IT-Dealers.com’s Contact Us: W: IT-Dealers.com E: sales@IT-Dealers.com T: (312) 235 1029 Credit Application and Authorisation Form liability in respect of all other losses shall be limited to the invoiced amount of the relevant order. 12.2 Nothing in this agreement shall limit IT-Dealers.com’s liability for death or personal injury caused by its negligence. 13. Health and Safety Measures 13.1 IT-Dealers.com confirms that the goods it supplies as a distributor do not present a hazard to health and safety when (i) properly used for the purpose for which they are designed (ii) if the Customer takes reasonable and normal precautions in their use. 14. Force Majeure 14.1 Where, in spite of its reasonable efforts, IT-Dealers.com is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer. 15. Customer’s Obligations 15.1 The Customer will appoint the Open Online “Administrator” named on the Open Online authorization form. 15.2 The Administrator shall be the person responsible for the use of the Open Online on behalf of the Customer. 15.3 The Customer may change the person appointed to be the Administrator, either by using the on-line facility or by informing IT-Dealers.com Limited in writing of the new identity of the Administrator. 15.4 The Customer shall ensure that they meet all technical requirements of Open Online access and that IT-Dealers.com Limited shall not be liable for any losses which result due to technical incompatibilities or system errors. 15.5 The Customer shall take all reasonable steps to ensure that its authorized Administrator and Users shall not pass any user login details to third parties under any circumstances. 16. Website Administrator’s Obligations 16.1 The Administrator is obliged to carry out the following duties: 16.1.1 Authorization, approval and access level setting of new and existing Users. 16.1.2 Removal, deletion and amendments of Users who have left the company or are deemed not to be fit to use Open Online on behalf of the Customer for any reason. 16.1.3 Ensuring that all Customer company details held on Open Online, including but not limited to postal and delivery addresses, are correct. 16.2 The Customer acknowledges that it is solely responsible for the actions of the Administrator and the modifications made of any data. 17. Website User Obligations 17.1 The User must at all times be acting on behalf of the Customer in any actions performed using Open Online. 17.2 The User shall not pass any security details (such as, but not limited to usernames and passwords) to third parties under any circumstances. 17.3 On ceasing to represent or be employed by the Customer, the User shall not use any supplied login information relating to the Customer for accessing Open Online. 18. Login and Security 18.1 Open Online login credentials comprise of three elements: 18.1.1 The IT-Dealers.com Limited Account Number. 18.1.2 The User’s (unique within the Customer) Username (any alphanumeric combination usually the User’s email address). 18.1.3 The User’s secret Password (Any alphanumeric combination). 18.2 The use of the login information indicates proof that the Customer consents to orders and information placed by it or in its name. 18.3 The Customer, the Administrator and the User will use all reasonable endeavors to ensure that the login information, especially the Password, remains confidential. 19. License to use IT-Dealers.com 19.1 IT-Dealers.com grants you a non-exclusive license to use this website subject to these terms and conditions. 19.2 IT-Dealers.com may terminate this license at any time without notice to you. 19.3 Your access and/or use of the website constitute your acceptance of these terms and conditions which apply to all pages on the website and for all entry points into the website. 20. Changes to content of the Website 20. IT-Dealers.com may change the contents of the website from time to time in its sole discretion without notice to you. 20.2 IT-Dealers.com may vary these terms and conditions from time to time by posting the varied terms and conditions on this website. If IT-Dealers.com makes any substantial changes to these terms and conditions, IT-Dealers.com will for a reasonable time thereafter take reasonable steps to bring to the attention of visitors to this website the fact that these terms and conditions have been revised. You are advised to check these terms and conditions from time to time.