TERMS AND CONDITIONS

1. General

1.1 Punch Technology Limited trading as Fierce PC general terms and conditions of trade for consumer and business purchases.

1.2 “The Company”, “we” or “us” means Punch Technology Limited. “The customer”, “The consumer” or “you” means the account applicant or person who buys or agrees to buy goods or services from The Company.

1.3 Punch Technology Limited trading as Fierce PC is registered in England and Wales under company registration number 10250445 with our registered office at Glebe Business Park, Lunts Heath Road, Widnes, Cheshire, United Kingdom, WA8 5SQ. Our trading address is Punch Technology Limited, Meyer Building, Wirral International Business Park, Bromborough, Wirral, CH62 3RH. Our VAT number is 245080229

1.4 These general terms and conditions do not affect consumers’ statutory rights.

1.5 Every quotation, pro-forma invoice or price list issued by Punch Technology Limited (“The Company”) is issued subject to these terms and conditions of trade unless expressly stated otherwise by The Company.

2. The Contract

2.1 When you order Goods or Services from us you are entering into a contract with us for the purchase of the Goods or the performance of the Services.

2.2 When placing an order you warrant that you are legally capable of entering into a binding contract.

2.3 When you place your order online we will send you an email confirming your order (the Order Confirmation). The contract between The Company and You will only be formed when we send you the Order Confirmation

2.4 No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by The Company shall be binding unless and until it is accepted by The Company. The Company at its absolute discretion may choose to accept or reject any order for any reason.

2.5 Any drawings, photographs or advertising we issue, and any photographs or illustrations contained on our Site, are issued or published solely to provide you with an approximate idea of the Products shown. There may be variations between these photographs or illustrations and the Products which you receive. The photographs and illustrations do not form part of the Contract between you and us or any other contract between you and us for the sale of the Products

2.6 Any order that you place with us is subject to product availability and acceptance by us. If the Goods are not available we will contact you by email and offer you an alternative Product or the option of cancelling your order.

2.7 When ordering via our website you may be required to provide a username and password. You are responsible for ensuring that you keep these details secure and do not provide this information to a third party.

2.8 We cannot guarantee that your existing peripherals will work with your new computer due to potential compatibility issues or lack of driver software availability.

2.9 If you order any age restricted software or goods, you agree to be of legal age to purchase and use any of these items.

3. Price and Payment

3.1 If making payment by credit card or Paypal, we may require the delivery address to match that of the account holder. We reserve the right to refuse any order whereby we are not entirely satisfied the purchase is being made with the card holders consent.

3.2 When you are paying by credit/debit card or Paypal payment will be taken at the time of placing your order.

3.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

3.4 All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges. At the checkout page, prices are shown inclusive and exclusive of VAT and the delivery price will be confirmed.

3.5 Prices are liable to change at any time, but changes will not affect orders where we have already sent you an Order Confirmation unless the original price was published in error.

3.6 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found.

3.7 If an error in our pricing is found, we will inform you as soon as possible by email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.

3.8 When you are paying by credit/debit card or Paypal payment will be taken at the time of placing your order.

3.9 Where payment is made by cheque or bank transfer, we shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.

3.10 In some cases it may be necessary for us to request further information from you in order to perform CNP (cardholder not present) checks on payments received for the purpose of avoiding fraud. This is in the interest of all card holders. If you are unable to provide further information upon request the order may be cancelled or the delivery address amended to the registered card address at our discretion.

4. Promotions

4.1 Promotions, such as game codes, vouchers, free items and rebates are subject to availability.

4.2 Promotions can be terminated at any time and without notice.

4.3 We will endeavour to honour all promotions but we cannot be held liable where promotions expire, are discontinued, terminated or unavailable.

4.4 In rare circumstances promotions may expire after the point of ordering and before the order is dispatched to you. We cannot be held responsible in these circumstances.

4.5 Promotions have a cash value of £0.01.

5. Risk and Title

5.1 The Products will be at your risk from the time of delivery.

5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. Delivery

6.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.

6.2 Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

6.3 Please ensure that you or someone who is authorised to sign for the goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged.

6.4 If you have selected an expedited delivery option at the time of placing your order we will endeavour to dispatch your order within the specified Expedited timeframe. The Expedited service is not guaranteed and if we are unable to dispatch your goods within this timeframe the service will automatically be downgraded to the next available service level and any cost difference refunded. The Expedited service will start from the time we receive cleared payment and send you a notification that your order is being processed. No consideration will be given to any subsequent delays in delivery.

7. Cancellation and Returns

7.1 If you are a consumer, you may cancel a Contract for non customised orders at any time within 14 calendar days, beginning on the day you received the Products. Custom orders are non-cancellable. You must notify us in writing via email or letter and quote your order number in any communication. Telephone notification is not deemed sufficient.

7.2 If you are a Business or Trade customer, this clause does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit or credit card, or a company address or purchase order number has been provided.

7.3 You must return the Product(s) from a Cancelled Order to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.4 If required we can arrange collection using our courier, who can collect from most areas of the UK. The cost for collections will depend on the size and weight of the package. Please email [email protected] for current collection rates.

7.5 The supply of services such as expedited or priority build service will not be refunded as this service contract will have been fully completed within the cancellation period.

7.6 Once the Cancelled Order Products are received by us, we will refund you for the full amount paid including the costs of delivery (except for change of mind cancellations, where the cost of delivery is not refundable) less the collection charge we paid for the collection of the Goods if applicable.

7.7 For refunds, we will make the reimbursement without undue delay, and not later than:

7.7.1 14 days after the day we receive back from you any goods supplied, or

7.7.2 If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

7.8 Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.

7.9 Except in the case of faulty or mis-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals.

7.10 We will replace any damaged or non-conforming Software Product Key upon receipt of the manufacturer’s confirmation that the item is faulty. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.

7.11 You will not have any right to cancel a Contract for the supply of any of the following Products:

7.11.1 computer software which has been unsealed;

7.11.2 consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products; and

7.11.3 digital downloads once you have begun to download the digital content.

7.12 If the goods supplied to you are physically damaged then you should notify us via email or letter within 24 hours of receipt. Failure to notify us with 24 hours of receipt will result in the determination that any physical damage occurred whilst in your care.

7.13 If you suspect the Goods to be faulty and wish to return them you must contact [email protected] to submit an RMA (Return Material Authorisation) request. We will examine the returned Product and if you are entitled, we will notify you of your options (which may be to either repair, replace or refund) via e-mail within a reasonable period of time. We will process a repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or within 14 days of the day you opt for a refund for the defective Product.

7.14 For any returns due to transit damage or suspected faults, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision. Should the product be found not to be defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required. We do not offer a collection for orders delivered outside the UK mainland.

7.15 Peripheral items (any item that is not a computer or laptop) must be returned to us using your own delivery method. We will not arrange for collection of any peripheral items within the first month after receipt or at any time after this date.

7.16 Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.

7.17 When returning goods under the 14 days cooling-off period, if the items are returned in a used condition or if retail packaging has been opened, a re-stocking fee applies which will be determined after an assessment of the condition, or if the goods have been damaged we reserve the right to offer only a partial refund where:

7.17.1 The goods have been opened and security seals or packaging have been damaged, you will receive 85% of the original cost of the goods. 

7.17.2  The goods have been opened and used, you will receive 80% of the original cost of the goods. 

7.17.3  The goods have been opened, used and suffered physical damage, you will receive 60% of the original cost of the goods. 

7.18 In addition to any warranty that you may have purchased with your Goods, all Goods that we supply are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.

7.19 Goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. All Products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender.

7.20 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the manufacturer’s approval.

7.21 Dead pixels on LCD/LED panels are covered under the manufacturers’ warranty terms and conditions. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels.

7.22 We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs. It is possible that hard drives or solid state drives may be formatted or replaced when returned under warranty regardless of any correspondence stating otherwise.

7.23 Laptop Batteries come with a maximum 6 month warranty, regardless of which warranty option is purchased.

7.24 If you have installed your own components into your computer the following conditions will apply:

7.24.1 if the actions of the person installing the components cause damage to the computer, your warranty will be void and any repair offered by us will become chargeable;

7.24.2 if you install components that are not purchased from us and they cause problems with your computer, your warranty will be void and any repair offered by us will become chargeable;

7.24.3 if you install components that are not purchased from us we will not be able to support you in installing them or help with any problems you have relating to the components you have installed.

7.24.4 we will support you in installing components purchased from us providing you have discussed the purchase with us beforehand and been able to supply your PC serial number to enable us to check compatibility.

7.25 By taking any goods purchased from us to a 3rd party in an attempt to diagnose or repair a fault on the computer, you may void all warranties on your order. If you have any problems with your order you must contact us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure.

7.26 In the event of any failure of software or hardware, we will not be held liable to replace, re-install or compensate for any software that is lost, damaged or corrupted. This exclusively applies to software provided free of charge by us or any third party software that was installed by you.

      7.27 Delivery discrepancies must be reported within 7 calendar days. Collections or shipping will be arranged at our cost. We do not offer a collection for orders delivered outside the UK mainland.

8. Website security

8.1 Encryption Technology: We use the industry standard secure sockets layer (SSL) 256-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our Website look at the address bar of your browser and you will see https as opposed to http. This technology along with our policies are to safeguard your privacy from unauthorised access and improper use.

8.2 Fraud: We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

8.3 External Websites: If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed as other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.

9. Using Our Website

9.1 In order to ensure that the Website is as up to date as possible information, content and material available on the Website may vary from time to time without notice to you.

9.2 We aim to have the Website available at all times, however, you will appreciate that due to circumstances beyond our control there may be instances when our Website is unavailable.

9.3 All product descriptions displayed on the Website are correct at the time of entry.

9.4 You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

10. Your Information

10.1 Where we have requested information from you to provide the Goods or Services, you agree to provide us with accurate and complete information.

10.2 You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to third parties from time to time where this is required by law or in order to provide the Goods or Services to you. We do not pass on or sell your contact details to third parties.

10.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

10.4 You should not receive unsolicited email or phone calls from companies that we do business with and we do not sell your information to these companies.

10.5 All personal data is stored and managed in accordance with our Privacy Policy.

11. Complaints about our Service

11.1 We hope that you will not have any complaints about our Services however if you do have an issue please contact us at [email protected] and we will do our best to respond within 5 business days.

12. Our Intellectual Property Rights

12.1 All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Goods and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is our exclusive property and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so.

13. Disclaimer and limits to our liability

13.1 Limits on our liability: We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

13.2 Indirect or inconsequential losses: We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us.

13.3 The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error-free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

13.4 Acts of God: We shall not be held liable for any failure or delay in delivering the Goods or performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

14. General legal points

14.1 Ability to transfer or subcontract: We may subcontract any part or parts of delivery of the Goods or the Services that we provide to you from time to time and we may transfer our rights or obligations under this Agreement without your consent or any requirement to notify you.

14.2 Changes to the Terms and Conditions: We may alter or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to accept the latest version of the Terms and Conditions when you buy our Goods or Services.

14.3 Entire Agreement: This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.

14.4 Invalidity: If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

14.5 Jurisdiction and English Law: These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

14.6 Delays: No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

14.7 Rights of Third Parties: It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.