Terms & Conditions

General

• This website (the “Site”) is provided to you by Infotec UK Ltd, a company registered in England and Wales under registration number 02199112 having its registered office at Abbey House, 1650 Arlington Business Park, Theale, Berkshire RG7 4SA (“Infotec”, “us”, “our” and/or “we”). Please read these terms and conditions carefully before using this Site and particularly before purchasing any goods from this Site (“Goods”). By using this Site you agree to be bound by and accept the terms and conditions set forth herein (the “Conditions”).
• These Conditions:
  • apply to the general use of this Site by its users and each sale of Goods by Infotec to customers who have opened internet trading accounts with Infotec (“the Buyer”);
  • subject to the other provisions of these Conditions, constitute the entire agreement between Infotec and Buyer with regard to the sale and purchase of Goods via the Site; and
  • prevail to the exclusion of all other terms and conditions, including any terms or conditions contained in or referred to in the Buyer’s order, confirmation of order or any other document.
• You agree to use this Site for your own business purposes only in accordance with these Conditions and in compliance with all applicable laws, regulations and industry codes of practice.
• No variation of these Conditions shall have effect unless specifically agreed to in writing by a director of Infotec. Infotec reserves the right to amend these Conditions at its sole discretion. You should check these Conditions any time you are considering purchasing Goods on this Site. Agreements concluded on the basis of previous terms and conditions shall remain unaffected.
• All descriptions and specifications submitted by Infotec (other than those, if any, stated on the order acknowledgement) are to be deemed approximate only and descriptions and illustrations in Infotec’s catalogues, price lists, Site and other advertising material shall not form any part of a Contract or give rise to any independent liability on the part of Infotec. For the purposes of these Conditions, a “Contract” means the agreement containing these Conditions, formed by Infotec’s acceptance of your order.
• We may provide you and your authorised employees or representatives with identifications and passwords and other means for you to be able to access certain areas of the Site and the Goods (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring  that such Secure Access is kept secure and confidential at all times and only made available on a strict ‘need to know’ basis. You shall comply with all security directions and or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Site or Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Site without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Site.

Acceptance

• Each Contract in respect of Goods supplied by Infotec to the Buyer comes into existence when the Buyer's order has been accepted by Infotec in accordance with these Conditions.  No order placed by a Buyer shall be deemed to be accepted by Infotec until an e-mail has been sent to the e-mail address of the Buyer, as registered with Infotec from time to time.  For the avoidance of doubt, receipt of an order via Infotec’s Site does not constitute acceptance of an order and Infotec will not accept any order from any person dealing as a consumer. Infotec reserve the right at any time after receipt of your order to decline your order for any reason or no reason at all. You should ensure that the information you submit in your order is accurate and complete.

Prices

• Unless otherwise agreed in writing, the price for the Goods shall be the price set out in Infotec’s price list as published on the date of delivery or deemed delivery of the Goods.  In addition, Infotec reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Infotec which is due to any factor beyond the control of Infotec (such as, but without limitation, any foreign exchange fluctuation, currency regulation, significant increase in the costs of labour, material or other costs of production), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give Infotec adequate information or instructions. In the event that  Goods  are listed at an incorrect price due to typographical error or any other reason, we shall have the right to cancel any order placed for such Goods at the incorrect price, even if the order has been accepted and you have been charged. If you have already been charged for the purchase and your order is cancelled we shall issue you with a credit in the amount of the incorrect price.
• The price for the goods is exclusive of VAT and all costs or charges in relation to packaging, delivery and insurance all of which amounts the Buyer will pay in addition when it is due to pay for the Goods.

Terms of Payment

• Payment must be made in full by major credit or debit card.
• Otherwise, Infotec will issue an invoice in respect of the Goods and payment will be due 30 days after the date of invoice.
• Any extension of credit allowed to the Buyer may be varied or withdrawn at any time in Infotec’s sole discretion.  If credit is withdrawn all outstanding sums owed by the Buyer shall become payable immediately on demand.
• If the Buyer fails to pay Infotec any sum pursuant to this Contract the Buyer will be liable to pay interest to Infotec from the due date for payment at the monthly rate of  2% accruing on a daily basis until payment is made, whether before or after judgment.
• If in the opinion of Infotec the credit-worthiness of the Buyer shall have deteriorated prior to delivery of the Goods, Infotec may at its absolute discretion require the Buyer either to pay all or part of the price prior to delivery of the Goods, or provide security for payment in a form acceptable to Infotec.
• The Buyer shall make all payments due under this Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

Delivery

• Delivery of the Goods shall take place at the address for delivery requested by the Buyer in the order and confirmed by Infotec in the order acknowledgement (“the Delivery Address”).
• It is Infotec’s policy to try and fulfil all orders within a reasonable time period but notwithstanding this time of performance shall not be of the essence and any date or period specified by Infotec for delivery of the Goods is intended to be an estimate only and shall not be binding on Infotec.
• Subject to the other provisions of these Conditions, Infotec will not be liable for any loss or damage, costs, charges or expenses (including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss, loss arising from any claim made by another person and damage arising out of such loss), caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Infotec’s negligence) .
• Any liability of Infotec for non-delivery of the Goods shall be limited to replacing the Goods with goods of equal value and similar functionality within a reasonable time.
• A delivery note signed by Infotec or its agent and left with the Goods at the Delivery Address will be conclusive evidence that the Goods have been delivered in accordance with this Clause 5.
• If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the Contract or fails to take any action necessary on its part for delivery, Infotec shall be entitled to terminate the Contract with immediate effect, to dispose of the Goods as Infotec may determine and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure.
• Unless otherwise expressly agreed Infotec may effect delivery in one or more instalments.  Where delivery is effected by instalments each instalment shall be treated as a separate contract.

Returns

• You must inspect the Goods immediately on delivery and shall notify Infotec within three (3) days of delivery, if you are not satisfied with any Goods. Infotec shall not accept any returns unless the Goods are unused, in perfect resaleable condition and accompanied by the original packaging. You shall be responsible for paying all carriage and insurance costs associated with the return of Goods, and risk of loss and damage shall remain with you until receipt by Infotec of the returned Goods. To the extent that title in the Goods has previously passed to you, title shall revert to Infotec in receipt by Infotec of the returned Goods. If you wish to return any Goods please contact us on 0870 264 0066 between 09:00 and 17:00 Monday to Friday (UK time).

Health & Safety 

• The Buyer shall comply with the duties imposed on it by an legislation or regulations made thereunder relating to the operation of the Goods and shall indemnify Infotec against any liability which Infotec may suffer due to the Buyer’s failure to comply with any such legislation or regulations.

Risk

• Risk in the Goods shall pass to the Buyer on delivery.

Title

• All goods are supplied to the Buyer by Infotec on the following terms:
  • The Goods shall remain the sole and absolute property of Infotec as legal and equitable owner until such time as the Buyer shall have paid to Infotec the agreed price together with the full price of any other goods the subject of any other contract with Infotec;
  • Until such payment the Buyer shall:
    • be in possession of the Goods solely as bailee for Infotec;
    • store the Goods separately from other goods in such a way that they remain identifiable as Infotec’s property;
    • insure the Goods on behalf of Infotec for their full price against all risks to the reasonable satisfaction of Infotec; and
    • hold the proceeds of the insurance referred to in Clause 9.1.2(c) above on trust for Infotec and shall not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
• Infotec reserves the right of immediate re-possession to any Goods to which it has retained title and thereafter to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to Infotec’s employees and agents to enter upon all or any of its premises with or without vehicles during normal business hours.  This right shall continue to subsist notwithstanding the termination of this Contract for any reason and is without prejudice to any accrued rights of Infotec thereunder or otherwise; and
• The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
  • any sale shall be effected in the ordinary course of the Buyer’s business at full market value and the Buyer shall hold such part of the proceeds of sale as represent the amount owed by the Buyer to Infotec for the Goods in a separate bank account on trust for Infotec until such time as it is paid over to Infotec;

• any such sale shall be a sale of Infotec’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale; and
• until payment for the Goods is received by Infotec in full, the Buyer agrees to immediately assign to Infotec at Infotec’s reasonable request and at the Buyer’s cost all rights and claims which the Buyer may have against third parties in relation to sales of the Goods by the Buyer to such third parties.

Copyright Notice and Intellectual Property

• Infotec and/or its licensors (as the case may be) own all rights in patents, trade marks, service marks, trade names, brand names, trade or business names, logos, registered and unregistered designs, and copyright, database rights, semi-conductor typography rights, rights in know-how, methodologies and concepts, together with all goodwill attaching or relating thereto and other intellectual property rights of whatever nature arising anywhere in the world, whether registered or unregistered (“Intellectual Property”) in the Goods and the Site including the information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the “Contents”) contained therein. You may download, display or print part of the Site for your own personal, non-commercial use. Save as expressly stated herein, you are not granted any rights including Intellectual Property of whatever nature subsisting in the Site and/or any Goods. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information and/or Goods obtained from this Site, or otherwise use the Contents of this site for resale, re-distribution or for any other commercial use
• Without limiting the foregoing, all brand, product and service names used on the Site and Goods are the trade names, trade marks and service marks of Infotec and/or its licensors. You shall not use the name or any other trade mark or trade name or logo of Infotec or of any of its affiliates and/or any of its or their licensors without the prior written consent of Infotec.  You are not entitled either by implication or otherwise to any title, right or interest in the trade marks, trade names, logos or symbols of Infotec, or any of its affiliates or any of its or their licensors. You shall not erase, remove, cover or deface or alter any trademark, guarantee or other statement or marking, fixed or applied on or to the Goods.
• You agree to indemnify and hold harmless Infotec, its subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns against all liabilities, damages, losses, actions, demands, proceedings, awards, costs, expenses, and charges incurred by Infotec, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, successors and assigns arising from (i) any modification or alteration to the Goods without Infotec’s prior written consent; (ii) use of the Goods other than as directed by Infotec; (iii) any third party claim or suit alleging that alterations or modifications to the Goods in accordance with your  instructions and/or use of the Goods in combination with any other products, goods or items infringing the Intellectual Property Rights or any other rights belonging to a third party and (iv) any breach of any term of or obligation under this Agreement or any act or omission which arises out of or is in any way connected with your use of the Goods.

Links to Third Party Websites

• This Site may contain links to third party websites.  Your use of third party websites is subject to the terms and conditions of use contained within each of those sites.  Access to any other website through this Site is at your own risk, and we are not responsible for the accuracy or liability of any information, data, opinions, statements made on these sites or the security of any link or communication with those sites.  We reserve the right to terminate a link to a third party site at any time.  The fact that Infotec provides a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor does it mean that Infotec is affiliated with the third party websites, owners or sponsors.  Infotec provides these links merely as a convenience for those who use the website.

Exclusion of Warranties

• YOU ACCEPT THAT THE SITE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. SAVE WHERE WE EXPRESSLY PROVIDED OTHERWISE ALL CONTENT DISPLAYED BY Infotec ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. SUCH CONTENT DOES NOT CONSTITUTE PROFESSIONAL ADVICE. IN PARTICULAR, WE GIVE NO WARRANTIES (EXPRESS OR IMPLIED) OR REPRESENTATIONS AND DISCLAIM ALL LIABILITY REGARDING ANY CONTENT APPEARING ON THIS SITE AND WE PROVIDE NO GUARANTEES REGARDING ACCESSIBILITY AND AVAILABILITY OF THE APPLICATIONS, GOODS AND SERVICES APPEARING ON OUR SITE.
• WITHOUT PREJUDICE TO THE FOREGOING, Infotec DOES NOT WARRANT THAT THE GOODS ARE FIT FOR A PARTICULAR PURPOSE AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE GOODS WILL BE SUITABE FOR THEIR INTENDED PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Infotec DISCLAIMS AND EXCLUDES ALL WARRANTIES,CONDITIONS, AND REPRESENTATIONS IN RELATION TO THE GOODS WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE (SAVE FOR THE CONDITIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT, 1979), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY PREVIOUS COURSE OR DEALING, USAGE OR TRADE PRACTCE.

Liability

• To the maximum extent permitted by law, Infotec’s entire liability and your sole remedy, in respect of any act, statement, omission or negligence on the part of Infotec in connection with, or in relation to the Site, any Goods and/or the subject matter of this Contract in respect of which Infotec is legally liable to you whether in contract, tort or otherwise shall be as set out herein.
• Nothing in these Conditions excludes or limits the liability of Infotec for death or personal injury caused by Infotec’s negligence of for fraudulent misrepresentation.
• In respect of the Goods supplied but not manufactured by Infotec, Infotec gives the Buyer only such guarantees or warranties as Infotec has itself and can enforce, but Infotec shall have no other liability in respect thereof.
• Where liability is accepted by Infotec, Infotec’s only obligation shall be at its option to make good any non-delivery and/or as appropriate at Infotec’s option to replace or repair any Goods found to be damaged or defective and/or to refund the cost of such Goods to the Buyer.
• Subject to the other provisions of these Conditions:
  • Infotec’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the sale of the Goods to the Buyer shall be limited to the price of the Goods which Infotec agreed to supply to the Buyer as determined by the net price invoiced by Infotec to the Buyer in respect of the Goods; and
  • the Buyer may not bring any action whatsoever in relation to the sale of goods by Infotec morethan one calendar year after the cause of action has accrued.
• Except where otherwise stated in these Conditions, Infotec shall not be liable for any loss or damage, or any costs, expenses or other claims (including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss or otherwise which arise out of or in connection with the sale of Goods to the Buyer or which arise out of or in connection with use of the Site.

Force Majeure

• Infotec shall not be liable to the Buyer nor be deemed to be in default for any delay or failure in performance under the contract by reason or circumstances or events beyond Infotec’s reasonable control including, but not limited to, acts of God, acts or regulations of any government or supra-national authority, war or national emergency, fire, riots, strikes, lock-outs, industrial disputes or epidemics (an “Event of Force Majeure”).
• If an Event of Force Majeure continues for a period of more than forty-five (45) days then Infotec may in its sole discretion be entitled to terminate this Contract without any liability to the Buyer.

Waiver

• No delay or omission on the part of Infotec in exercising any right, power or privilege (together the “Rights”) under the Contract shall impair such Rights or be construed as a waiver of such Rights and any single or partial exercise of any such Rights shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege.  The rights and remedies provided to Infotec in the Contract are cumulative and not exclusive of any rights or remedies provided to Infotec by law.

Third Parties

• The parties confirm their intent not to confer any rights on any third parties by virtue of these Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to any Contract concluded under these Conditions.

Severability

• In the event that any part of the terms, conditions or provisions contained in these Conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Data Protection

• If you wish to purchase Goods on the Site you must provide us with the required information. By entering information on the Site you represent and warrant that (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) all information you provide is true, accurate, current and complete as at the time of registration.
• By placing an order you agree and understand that we may store and process your personal data. Infotec fully respects the privacy of individuals who access and use this Site. For details on the manner in which Infotec use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information please read our Privacy Policy.

Governing Law and Jurisdiction

• The formation, existence, construction, performance, validity and all other aspects of any Contract concluded pursuant to these Conditions shall be governed by English law and with out prejudice to Infotec’s right to take preceedings before any other court of competent jurisdiction, the parties hereby submit to the non-exclusive jurisdiction of the English courts.  Any purchase by a Buyer using this Site will be deemed to have taken place in England and Wales.