T.Clarke Scotland Limited
CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

These terms of sale apply to all goods supplied by T.Clarke Scotland Limited via www.tclarke-online.co.uk . The website is governed by the following terms and conditions; they do not affect your statutory rights.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

The contract is subject to your right of cancellation (see condition 5).

We have the right to terminate the contract if the price of the contract is not received from you in cleared funds.

T.Clarke Scotland Ltd may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on tclarke-online.co.uk.

Every effort is made to ensure that prices shown on tclarke-online.co.uk are accurate at the time of placing your order. If, by mistake, we have under priced an item we will contact you and offer you the following three options:

1.       placing a new order at the correct price for those goods;

2.       cancelling the whole of your order; or

3.       Cancelling your order for the mis-priced goods and reconfirm your order for the correctly priced goods.

If you do not choose one of the 3 available options within 14 days, your order will be cancelled or the under priced item will be removed from your order. If any payment has been made by you, you will be credited back to your original payment method.

If within 14 days of accepting your order we discover that all of the goods are unavailable, we will contact you and advise that we may cancel your order and refund or re-credit you within 7 working days. The refund will be credited back to your original payment method.

If within 7 days of accepting your order we discover that some but not all of the goods are unavailable, we will contact you and offer you the option of cancelling the whole order or amending your order to a substitute alternative. If you do not choose a substitute alternative within 14 days, the unavailable item will be removed from your order and we will deliver the available goods. If any payment has been made by you, you will be credited back to your original payment method.

The price of an item does not include the delivery charge, which will depend on the delivery method you choose.

3. Payment

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery and failure. If payment fails your order will be cancelled.

Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

There will be no delivery until clear funds have been received.

4. Delivery

Delivery will be made to the address specified when you complete your order.

Should you want to change the shipping address after the goods have dispatched from us a charge of £10 will be required (a redirection approval is subject to your order and account status).

Orders placed before 5.00pm on a working day will be processed that day and will be delivered as per your request, providing further security checks are not required and all goods are available. (A working day is any day other than weekends and Bank or other Public Holidays.)

If delivery cannot be made to your address for reasons under T.Clarke Scotland’s security policies you will be informed as soon as possible.

If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, T.Clarke Scotland 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 goods. By exercising you right to cancel you are required to return the goods to T.Clarke Scotland. If you fail to return the goods T.Clarke Scotland we reserve the right to deduct any costs incurred by retrieving the goods from you.

We make every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, T.Clarke Scotland will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this even, T.Clarke Scotland will inform you of any delay as soon as possible.

Upon receipt of your order you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.

5. Your right of cancellation

Please note that this policy has some limitations and does not apply to business customers.

You have the right to cancel your contract with T.Clarke Scotland at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post.

Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to T.Clarke Scotland at your own cost unless the goods are faulty or mis-described. Please follow our returns on-line procedure.

You will be credited for the goods within 30 days of notifying T.Clarke Scotland of the cancellation.

You cannot cancel a contract for computer software which has been unsealed by you or for consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.

6. Refund policy

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

7. Warranty

All new goods supplied by T.Clarke Scotland have a 12 months warranty period from the date the goods were delivered (unless otherwise stated and excluding laptop batteries which carry a 6 month warranty). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Returns procedure.

Please note that the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s or Supplier’s instructions, or any alteration or repair carried out without the T.Clarke Scotland’s prior written approval.

7.1 Faulty Product

If you receive goods that are faulty or incomplete on arrival you must notify us within 28 days of receipt of the item. The good should be returned to us in line with our returns instructions please notify us by email

If the goods are less than 28 days old you have the option of a refund or direct replacement.

If the good are over 28 days old we will test the product for the fault. If the faulty is verified we will:

1.       Try to repair the item

2.       If we are unable to repair we will replace with the same item

3.       If we are unable to replace we will issue a refund in line with our refund policy.

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.2 Products Dead On Arrival

In the unlikely event of you receiving goods that do not work upon arrival with you, you must notify us within 10 days. The good should be returned to us in line with our returns instructions.

Once we have received the goods back at T.Clarke Scotland we will test the product for the fault. If the fault is verified we will either:

1.       Replace with the same item

2.       Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.3 Products Damaged On Arrival

In the unlikely event of you receiving a damaged product you should notify us in writing via our email address.

The good should be returned to us in line with our returns instructions.

Once we have received the goods back at T.Clarke Scotland we will test the product for the fault. If the fault is verified we will either:

1.       Replace with the same item

2.       Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.4 Wrong Item Delivered

If, by mistake we supply you with the incorrect item you must notify us within 10 days. The good should be returned to us in line with our returns instructions,

Once we have received the goods back at T.Clarke Scotland we will confirm that it is in fact an incorrect item and either:

1.       Replace with the correct item

2.       Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.5 Item not Required

If you wish to return and unwanted product in line with The Distance Selling Regulation you must notify us in writing via our email system within 10 days of receiving the product.

The good should be returned to us in line with our returns instructions.

You will be responsible for returning the goods to T.Clarke Scotland at your own cost; you will be credited for the goods within 30 days of notifying T.Clarke Scotland of the cancellation.

You cannot cancel a contract for computer software which has been unsealed by you or for consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.

7.6 Extra Items Delivered

If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us in line with the returns instructions

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

7.7 Ex. display stock, Grade A, Grade B and Used stock

Wherever possible, previously used goods will be highlighted as being so, on the website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). Grade B stock carries a 30 day warranty. This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the T.Clarke Scotland’s Returns procedure. In the event of a valid claim for a defect in the Used Goods is made, T.Clarke Scotland will either:

1.       Replace those Used Good(s), if we has available the same Used Goods(s) at the same price;

2.       Repair the Used Good(s); or

3.       Refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the T.Clarke Scotland’s Returns procedure.

8. What is the ISO 13406-2 standard for LCD screen pixel faults?

All LCD displays sold at Tclarke-online.co.uk adhere to the ISO 13406-2 standard with regard to pixel faults. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty. The below is relevant to Class II LCD panels.

The standard of production techniques today cannot guarantee an absolutely fault free screen display. A few isolated constant lit or unlit pixels may be present.

The table below shows the allowable number of malfunctioning pixels that are acceptable, depending on the native resolution of the LCD and allowing for 2 malfunctioning pixels per million pixels.

The table below shows the allowable number of malfunctioning sub-pixels that are acceptable, depending on the native resolution of the LCD and allowing for 5 malfunctioning sub-pixels per million pixels.

The table below shows the allowable number of malfunctioning sub-pixels that are acceptable within a 5 x 5 block of pixels, depending on the native resolution and allowing for 2 malfunctioning sub-pixels within a 5 x 5 block, per million pixels.

9. Limitation of Liability

T.Clarke Scotland will not be liable to you for any loss or damage in circumstances where:

1.       There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

2.       Such loss or damage is not a reasonably foreseeable result of any such breach;

3.       Any increase in loss or damage resulting from breach by you of any term of this contract.

Nothing in these conditions excludes or limits the liability of the T.Clarke Scotland for death or personal injury caused by our negligence or fraudulent misrepresentation.

10. Data Protection

T.Clarke Scotland will take all reasonable precautions to keep the details of your order and payment secure but unless T.Clarke Scotland is negligent, we will not be liable for unauthorised access to information supplied by you.

11. Images

Product images are for illustrative purposes only and may differ from the actual product.

12. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

13. Price Comparison Information

T.Clarke Scotland’s price comparison information is derived from software owned by a third party. Information provided is understood to be correct and is to enhance your shopping experience. T.Clarke Scotland accepts no responsibility for incorrect or incomplete information.

T.Clarke Scotland does not warrant that product descriptions, pricing, editorial commentary or any other content displayed by it and derived form the price comparison software is accurate, complete, reliable, current or error-free.

T.Clarke Scotland does not accept responsibility for the content or services of any other websites which appear within the price comparison information displayed or for any goods purchased from such websites.

The price comparison information displayed is checked daily and updated. You can check the accuracy of the data by visiting the sites referred to and should consider doing so in circumstances where price is a critical purchase factor.

 

14. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

During security checks we may ask for additional information or documentation to help support the data you supplied.

15. Tech support Terms and Conditions

Our tech support service is governed by the following terms and conditions; they do not affect your statutory rights.

Our Agreement:

The following are terms of a legal agreement between you and T.Clarke Scotland Ltd and its associated companies. By accessing, browsing and/or using any service advertised on this site and the server it’s hosted on, you acknowledge that you have read, understood, and agree to be bound by the terms below and to comply with all applicable laws and regulations. If you do not agree with these terms, do not use this site.

Authorisation:

You the client authorises T.Clarke Scotland Ltd to conduct an evaluation of the machine either by Remote Assistance or Computer Service (for explanations of these services please see below) and provide an estimate of repair cost and timing. The evaluation is chargeable and no work beyond this evaluation will be charged without explicit client approval. Where necessary the client authorises T.Clarke Scotland Ltd, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.

Order Process:

By calling the Tech Support line advice is given to you dependent on which service you require. These are stated below. When established which service best suits you, an order is created on your behalf. This order will be put on your existing T.Clarke Scotland account once account details are verified, or if you are a new customer an account will be created for you.

Remote Services:

Whilst our engineers will use reasonable amounts of skill and care to resolve problems you have referred to us, you accept that we may not be able to correct your problem using our remote support service due to circumstances beyond our control.

We rely on the information you give us to operate this service. Such information must be complete and as accurate as possible to enable us to effectively resolve your problem.

Systems Included:

Our services include the following:

o        All Windows operating systems

o        Mac operating system

The total cost of your order will be the price of the services you order. All these will be set out clearly in your shopping basket before your order is submitted.

Once an order is created we will send you a confirmation e-mail, which will contain relevant details of the service ordered or received dependent on which service has been chosen.

Payment:

Payment for the services can be made by any method shown on the T.Clarke Scotland’s website at the time you place your order. Payment shall be taken before the service is carried out. The 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.

Payment is deducted when we process your order. Any refunds will be made to the credit or debit card used for purchase.

All prices and charges on this site are in UK pounds. They include any VAT payable.

Your right of cancellation:

You have the right to a cooling off period in which you have the right to withdraw from the contract for any reason.

In the case of services, it ends 7 working days after the day the order was made. If you agree to the service beginning within the 7 days, the right to cancel ends when the service starts.

(Tech Support must ensure when they are on a call to a customer providing Remote Assistance that the customer is aware that they will or have been charged for the service.)

Warranty:

All the Tclarke-online.co.uk services carry a 30 day warranty period on parts and expertise. This means if there is a recurrence of the same problem we had fixed or any fault which is connected to the service provided we will either try again to fix the problem at no extra charge or, if we cannot fix the problem, we will refund your money in full for the services performed. This excludes faults caused by the failure of other components after the repair has taken place, or by faults caused through the incorrect use of software or downloaded material, or by faults arising from accidental damage or incorrect use of the product.

Software Licenses:

Any software patches, upgrades or fixes applied to your system by our engineers during either a Remote Assistance are licensed to you by us or the relevant third party licensors for your own reasonable personal and non-commercial use only unless otherwise stated. You may not supply such software to anyone else. The licensor retains all copyright and other intellectual property rights in such software.

Liability Exclusions:

We do not have specific knowledge of your computer and its configuration. Whilst we will use our best efforts to minimise disruption to your system, we cannot be responsible for any unforeseen consequences of our services.

T.Clarke Scotland Ltd shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

In no event will T.Clarke Scotland Ltd be liable for any damage to the laptop/desktop, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if T.Clarke Scotland Ltd has been advised of the possibility of damages or loss to persons or property. T.Clarke Scotland Ltd accepts no liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.

The client and T.Clarke Scotland Ltd agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at T.Clarke Scotland Ltd option, additional attempts by T.Clarke Scotland Ltd to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of T.Clarke Scotland Ltd services would be much greater if T.Clarke Scotland Ltd undertook more extensive liability.

T.Clarke Scotland Ltd accepts no responsibility or liability of failure by you to follow our reasonable advice, recommendations and instructions.

T.Clarke Scotland Ltd will not be responsible or liable for any losses you may suffer arising from your use of (or failure to use) any anti-virus software.

T.Clarke Scotland Ltd will not be responsible or liable for any loss that is not reasonably foreseeable.

Our services may affect manufacturer warranty validity. It is your responsibility to assess the effect of our services on any manufacturer’s warranty and take appropriate action.

Legal Rights:

The client is the legal owner or authorised representative of the legal owner of the property and all data and components contained therein.

Confidentiality:

T.Clarke Scotland Ltd agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of T.Clarke Scotland Ltd subject to confidentiality agreements or as required by law.

We may record your conversations with our engineers for training or recording purposes. Your data protection and privacy rights regarding other information we may collect are set out in our Privacy Policy.

Disclaimer:

Although all attempts are made to provide accurate, current and reliable information, you should recognise the possibility that errors may exist in the information available on this Web site. T.Clarke Scotland Ltd expressly denies any warranty of the accuracy, reliability, or timeliness of any information made available on this Web site, and shall not be held liable for any losses caused by reliance upon the accuracy, reliability, or timeliness of the information. A person who relies upon information made available on this Web site does so at the person’s own risk.

Before following any advice or installing any software or hardware recommended or mentioned on this site, you are strongly encouraged to do a full backup of your data and system. T.Clarke Scotland Ltd shall under no circumstances be responsible for data loss or system failure.

Services and products advertised on this site may be modified or discontinued without prior notice. Prices for services or products are subject to change without prior notice.

To return a product, please first read though the following terms and then notify us by email

Return Policy

We know that you will be pleased with your purchases from tclarke-online.co.uk. However, there may be occasions when you will need to return items to us.

Items Damaged in Transit

If any items were damaged in transit, we ask that you report it to us within 7 working days (please note that this is 48 hours for our business customers). If the items are visibly damaged on receipt, it's best to sign the carrier's delivery note accordingly. Items should be returned in their original packaging complete with all accessories and documentation. Once received back into our warehouse, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs.

Items Faulty on Arrival

If your items are faulty on arrival, you have 28 calendar days in which to inform us of the fault (please note that for our business customers, this is 14 calendar days). Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.

Items Faulty in Warranty Period

If any of your purchases develop a fault, and it's more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 28 days of receipt are referred directly to the manufacturer (unless otherwise stated)

Open-Box Items (Used)

Please note that our open-box (used) stock is sold with 90 calendar days warranty only, and therefore any claims under the warranty after 90 days of receipt will not be accepted.

If you change your mind

If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 10 days of receipt. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at tclarke-online.co.uk, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to @work customers or our Business customers)

Need to return an item?

You can request a return using our easy to use, online returns system which is accessed via your account.

In addition to this policy you should also refer to our general Terms and Conditions of Sale.

What is the ISO 13406-2 standard for LCD screen pixel faults?

All LCD displays sold at Tclarke-online.co.uk adhere to the ISO 13406-2 standard with regard to pixel faults. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty. The below is relevant to Class II LCD panels.

The standard of production techniques today cannot guarantee an absolutely fault free screen display. A few isolated constant lit or unlit pixels may be present.

The table below shows the allowable number of malfunctioning pixels that are acceptable, depending on the native resolution of the LCD and allowing for 2 malfunctioning pixels per million pixels.

The table below shows the allowable number of malfunctioning sub-pixels that are acceptable, depending on the native resolution of the LCD and allowing for 5 malfunctioning sub-pixels per million pixels.

The table below shows the allowable number of malfunctioning sub-pixels that are acceptable within a 5 x 5 block of pixels, depending on the native resolution and allowing for 2 malfunctioning sub-pixels within a 5 x 5 block, per million pixels.

Returns Frequently Asked Questions (FAQ)

I have tried to raise a request but your system tells me that I have to call someone else. Why is this?
A. In certain cases, manufacturers provide support direct to end users. They do this for many reasons, the main one is that they would like to ensure that their customers receive the best possible support on their products. If we refer you to a manufacturer your RMA will invariably be dealt with a lot quicker.

I raised a request to return 2 items. When I checked the status the RMA had been re-opened and it mentioned something about removing an item before the request could be accepted. What does this mean?
A. Depending on circumstances it will not always be possible for T.Clarke Scotland to accept your returns request. If this happens then detailed notes will inform you of the reason and what you should do. Generally you will have to remove that item from your request and resubmit as it is not possible for us to accept part of your request.

what is the best way for me to return my items to you?
A. We always advise our customers to use some form of delivery that requires a signature on delivery. The majority of items are returned to us using Royal Mail Special or Recorded Delivery.

I sent my item back to you but I didn't put the Returns number on the outside of the package as you requested, will this cause a problem processing my return?
A. If there is no Returns Merchandise Authorisation number ("RMA") on the outside of the package then there is a good chance that this will lead to delays of up to 30 days in processing your return. To avoid this delay, we recommend that if you wish to return goods you first obtain a RMA number by selecting ‘Returns’ from the ‘Account’ menu and following the instructions.

Am I able to use returns online to report other problems or issues that I am currently having?
A. The Returns section is designed for RMA requests only. Any other queries will be deleted.

I have received an incorrect item, what should I do?
A. You should raise an RMA using the Returns online system, once your rma has been accepted, T.Clarke Scotland will send you an email with a link, so you can arrange with us to collect the item from you using our courier, if we find the item(s) have been supplied correctly a charge may be incurred for this collection. If you would prefer to return the item yourself, you should return the item to us using a traceable and insured delivery agent (e.g. Recorded Delivery or Special Delivery via Royal Mail), please enclose a proof of postage receipt and we will reimburse you up to the value of £4.00 for the cost of the returning the item(s) back to us on the understanding that the item(s) has been supplied incorrectly.