Conventions and Agreement

Hereinafter “the Company” means BlueGoose Systems and “the customer” means any person, firm, business or other body transacting business with the Company. “The customer’s client” means any customer, client or agent to whom the customer supplies goods or services. “Second user” means goods that have previously been owned by a third party prior to being offered for sale by the Company. “Refurbished” means goods that have been previously owned by a third party then cleaned and tested by either the Company or the Company’s supplier prior to being offered for sale by the Company. “The website” or “the Company’s website” means the internet site at the domain http://www.bluegoosesystems.co.uk.

All orders placed with the Company constitute an offer to buy, subject to the goods being available and the order being accepted by the Company. All business transacted and all goods supplied are done so subject to these terms and conditions. There shall not be any variation from these terms and conditions in relation to any agreement or transaction unless agreed in writing by the Company. It is agreed that these terms and conditions shall prevail over the customer’s terms and conditions for purchase. In all cases, the placing of an order and the acceptance of goods upon delivery is deemed conclusive evidence of the customer’s full acceptance of these terms and conditions.

Grading of Stock

• New - Brand new, unopened and unused. Manufacturer’s warranty is in force. Retail packaged where applicable.
• New Bulk/Pulls - Goods are unused, with or without the original Manufacturer’s packaging. Includes goods that are bulk-packed for the trade and new pulls. May not include same contents as retail packaged item, such as manuals and ancillaries. Full or remaining Manufacturer’s warranty is in force.
• New* - Brand new, unopened and unused. Retail packaged where applicable. Third party 1 year RTB warranty is in force (rather than Manufacturer’s).
• New Open Box - New goods on which the box has simply been opened or Ex-Demo goods. The seal on the original Manufacturer’s packaging has been broken, goods may have been out of the box and may have seen short-term service. Full or remaining Manufacturer’s warranty is in force as applicable.
• New Open Box* - New goods on which the box has simply been opened or Ex-Demo goods. The seal on the original Manufacturer’s packaging has been broken, goods may have been out of the box and may have seen short-term service. Third party 90 days RTB warranty is in force (rather than Manufacturer’s).
• Refurb. A - Goods have been cleaned, refurbished and tested and are also in good cosmetic condition. Minimum 30 days warranty either from the Manufacturer or BlueGoose Systems.
• Refurb. B - Goods have been cleaned, refurbished and tested and may show some reasonable signs of normal use. Minimum 30 days warranty either from the Manufacturer or BlueGoose Systems.
• Factory Ref. - Goods have been refurbished by the OEM to the highest standard.

Payment

Payment Methods
Payment must be made in British Pounds. Payment can be made by the following means:

UK customers : Credit card, debit card, personal or company cheque, banker’s draft or bank transfer. Goods will only be dispatched upon receipt of cleared funds.

Customers outside the UK : Bank transfer only unless expressly agreed in advance by the Company.

Online payments using the shopping cart and checkout facilities at the website are processed via a secure server. All other card payments are processed via a secure virtual terminal.

In the case of payments made by credit and debit cards the Company reserves the right to request additional documentary evidence of whatever type it deems suitable for the purposes of verifying the identity of the customer and the ownership of the card being used to make payment.

The Company reserves the right to apply a surcharge on credit card payments that are not made online at the Company’s website using the shopping cart and checkout facilities. The surcharge applied will depend upon the type of card used and will vary as follows:

The Company reserves the right to vary the surcharge applicable without warning and at any time.

Billing Descriptor
Payments made by credit or debit card will appear on the cardholder’s statement as “BLUE GOOSE SYSTEMS”.

Payment Terms
Goods will not be dispatched until full, cleared funds have been received and in all cases goods will remain the property of BlueGoose Systems until full and final payment has been received. If full payment has not been received by the Company as cleared funds within 10 working days of the order being placed, the Company reserves the right to reclaim any or all of the goods within that order and not to supply any further goods until settlement has been made. In the event of full payment not being received by the due date, the Company also reserves the right to charge interest at 5% above the Bank of England base rate on the amount outstanding for as long as the amount remains outstanding, in addition to any other action that may be taken to achieve settlement of the funds outstanding.

Until such time as the goods become the property of the customer, the customer shall hold the goods as the Company’s agent and keep the goods properly stored, protected, insured and identified clearly as the property of the Company.

In the event that the customer is declared bankrupt, enters into liquidation or an administrative receiver is appointed the customer’s right to sell or use the goods ceases immediately if the Company has not received full payment for the goods.

Goods are never sold on either a “sale or return” or trial basis under any circumstances.

The Company reserves the right to vary carriage costs incurred on an order if the cost to the Company has increased in the time between the order being placed and the goods being dispatched without warning at the discretion of the Company.

Prices quoted on the Company’s website, in the press, in marketing literature and other media are exclusive of delivery and packaging costs, insurance and all taxes that may apply unless stated otherwise and are subject to change without warning at the discretion of the Company.

The customer or cardholder is solely and entirely responsible for ensuring that the goods being purchased may be legally imported and used in the jurisdiction to which they are to be dispatched and also for any sales and import taxes that may apply on doing so and for any matters and costs arising from doing so.

Delivery & Inspection

Delivery of Goods
We aim to dispatch all goods within two working days of receiving the order and cleared funds. Delivery times stated both verbally or in writing are to be used as a guideline only and are not binding upon the Company. Delivery times referred to in the Online Store are approximate and refer to delivery to addresses in the UK mainland. Delivery times may be varied without notice and without the Company incurring any liability. The Company shall not be liable for any losses of any kind incurred by a variation in the delivery time from that indicated under any circumstances.

Delivery will be to the address specified by the customer and only ever to a premises, except in the case of credit card payments, in which cases delivery will only be made to the registered address of the owner of the credit card unless expressly agreed by the Company.

At the time goods are dispatched by the Company, all risk passes to the customer. The Company accepts no liability for loss or damage caused by the carrier or occurring while the goods are in the carrier’s custody.

Acceptance of delivery by the Company’s carrier and signature of the carrier’s manifest will be deemed to signify the customer’s acceptance that the goods are as ordered, all present and in good condition.

Free Shipping
Free shipping may be offered from time to time to certain customers on certain orders as determined by the Company and at the Company's sole discretion. Orders placed and paid for in full online via the BlueGoose Systems website may qualify for free shipping at the Company's sole discretion. Free shipping will only be offered to customers whose registered address and delivery address are within the United Kingdom mainland unless otherwise stated in writing by the Company. Any agreement to provide free shipping may be terminated without warning and at the Company's sole discretion.

Inspection of Goods
Goods must be inspected immediately upon delivery and any variation or shortfall in the order placed notified verbally or via email within 24 hours and also in writing by post within 4 working days. The carrier is responsible for damage or loss of goods in transit and reimbursement will be sought from their insurance provisions. There shall be no liability upon the Company for damage or loss of goods in transit or for losses arising under any circumstances.

If goods have not been received the customer must notify the Company within 7 days of the date of the invoice. If required, proof of delivery must be requested within 14 days of the date of the invoice.

Local Law
In the case of non-UK customers, the customer is entirely responsible for compliance with all local legislation regarding the import of the type of goods in question into their country and for the payment of all import taxes that may apply. The Company will have no liability for issues of law relating to or arising from importing the goods or for any import taxes that may be due or charges arising from Customs inspections because of the importation of the goods, or for any other costs incurred as a result of the customer importing the goods into their country under any circumstances.

Returns

Cancelled / Returned Orders
At the Company’s discretion, it may accept the return of goods in the event of cancellation of an order, but only under the following conditions :

1. Notification that the goods are to be returned must be received in writing within 7 working days of receipt — under the Consumer Protection (Distance Selling) Regulations 2000 the customer, if not a company, business or firm, is allowed a “cooling off” period of 7 working days.

2. Prior written agreement must be obtained from the Company.

3. In all other cases, where written notice to cancel has not been given until after the “cooling off” period of 7 working days has expired, a charge of 20% of the order value will be made to cover the costs involved in handling, restocking, devaluation of the goods, administrative and storage costs and other disbursements plus carriage costs, subject to a minimum of £50 or the value of the goods plus carriage costs, whichever is lower.

4. The Company reserves the right to cancel or not to fulfill any or all other existing or future orders from the customer.

5. Any credit given or refund agreed must be used against further purchases from the Company.

6. In the event that the goods are returned, they must be undamaged, in their original, undamaged packaging, and include all ancillaries (such as paperwork and accessories).

7. Returned goods must be in such a condition that they may be resold by the Company as new. All goods returned will be inspected and tested. If returned goods are deemed by the Company to have been used, abused, modified, or otherwise damaged while in the charge of the customer the Company reserves the right to adjust the value of any credit or refund given to reflect any devaluing of the goods by the actions of the customer. “Returned goods” includes the packaging and all contents.

8. In all cases returned goods must be sent using substantial and suitable packaging materials and steps must be taken to ensure the safe transport of the goods, including adequate insurance if deemed appropriate.

9. In all cases the customer is entirely responsible for the costs involved in returning the goods, including carriage and packaging.

10. The Company may cancel an order at any time, without having any liability whatsoever to the customer for any and all losses by the customer, including loss of profits.

11. The Company does not have to accept the return of goods or cancellation of an order beyond the 7 day period as noted above. Any charges levied above are in addition to all other rights the Company has both in law and arising from these terms and conditions.

Support & Warranty

Support
The Company undertakes to answer customer queries within 48 hours of receipt, while goods are within the Company’s own warranty period. At it’s own discretion the Company may, from time to time, offer email assistance beyond that time.

Warranty Terms
All hardware items carry a 30 days Return to Base warranty from the date of acceptance of delivery of the goods, in addition to any Manufacturer’s warranty that may or may not apply.

No warranty is offered in relation to the title or license of any software, including operating systems, accompanying a hardware order/purchase or on any “consumable” items including, but not limited to, batteries and printer cartridges. The Company will have no liability whatsoever to the customer beyond the Company’s 30 day warranty period.

No guarantee is given by the Company that goods supplied will be compatible with either the customer’s or the customer’s client’s existing or future hardware or software, or that supplied by any third party. The Company shall have no liability whatsoever for any losses or damage arising from incompatibility.

The Company accepts no liability for any loss or damage arising from variation in the Manufacturer’s standard specification of goods ordered or for any loss or damage arising from the supply of the goods ceasing as a result of this variation.

The Company reserves the right to increase the price of goods as a result of variation in the specification of the goods by the Manufacturer. Orders that have already been placed may not be cancelled by the customer as a result of this variation unless the customer can clearly demonstrate that the change in specification renders the goods unsuitable for the purpose for which they were intended.

The Company will not be held responsible for the safety of goods falling into the categories of Second User or Refurbished or for any losses or damage arising from the use of such goods whatsoever.

Goods offered will be fit for the purposes for which they are intended by the Manufacturer, in the country they were originally intended to be offered for sale but the customer is entirely responsible for ensuring that the goods purchased are suitable for their particular application and compatible with any other equipment pertaining to this application (when applicable) in their own country. The Company will have no liability for goods that are incompatible or for damages and losses arising from such incompatibility.

Under the terms of the warranty, goods may only be returned :
1. After prior agreement with the Company
2. Following the issuing by the Company of an RMA number
3. After the completion and return of the Company’s RMA form
4. In accordance with items 5., 6., 7., and 8. of Cancelled / Returned Orders, above

All items returned will be inspected and tested. Where the goods are found to be faulty the Company may, at it’s own discretion, either repair or replace the goods or alternatively reimburse the customer for the cost of the goods. In the case that only some/part of the goods are deemed defective, the Company may at it’s discretion choose to repair or replace or reimburse for only that part of the goods.

In the case that the returned goods are tested and found not to be defective but satisfactory and operational, or if the problem is deemed by the Company to be one of incompatibility, misuse, modification or damage by the customer or a software issue, the Company will charge for labour at the rate of £35.00 per hour, the minimum charge being £35.00. The Company will not be responsible for return shipping costs for returned goods. The Company shall have no liability under any circumstances with regard to loss of software, programs, or data while returned goods are held at the Company’s premises.

The Company shall be under no liability whatsoever for any defects in or unsuitability for any purpose of the goods or any part thereof nor for any liability in tort nor for any consequential loss whether the same be due to any omission, negligence or willful default of the Company, its servants or agents and all conditions or warranties (whether express or implied, statutory or otherwise) inconsistent herewith are hereby expressly excluded in so far as such exclusion of liability may be lawful. Under no circumstances shall the Company be liable to the customer for any indirect or consequential loss or expense (including without limitation loss of profit) suffered by the customer arising out of a breach by the Company of this contract (whether or not the possibility of such loss was foreseeable or drawn to the attention of the Company). Under no circumstances shall the liability of the Company under this contract ever exceed the price of the goods and/or services (as the case may be). The Company accepts that it is not possible to exclude personal injury claims arising as a result of negligence on the part of itself its agents officers or employees however it is up to the customer to inspect the goods and satisfy itself as to the safety of such goods.

The customer acknowledges that the copyrights, patents and ownership rights of any third party software including operating systems purchased from the Company remain vested at all times and for all purposes in the third party software owner. The customer acknowledges and accepts sole responsibility for compliance with the terms of license of any and all software supplied. The customer indemnifies the Company against all costs, charges and expenses of all kinds arising from a breach in the terms of license of third party software by the customer or the customer’s client.

The customer may not assign any of its rights or obligations under this agreement without the Company's written consent.

Force Majeure

The Company will not be liable in respect of any breach of this agreement due to any cause beyond its control, including Act of God, inclement weather, flood, lighting or fire; industrial action or lockout, the act or omission of government, highways authorities or other competent authority; war military operations or riot, the act or omission of any party for which the Company is not responsible.

Governing Law

The application and interpretation of these terms and conditions shall be in accordance with the Manx Law and both parties hereby agree to submit to the non-exclusive jurisdiction of the Manx Court.

Privacy Statement

All credit card details will be handled securely to ensure confidentiality. SSL encryption is employed to ensure sensitive data is protected.

BlueGoose Systems will not sell or rent your personal and financial information to any third parties for their marketing purposes without your explicit consent. We will co-operate with enquiries from law enforcement agencies, as well as other third parties, to enforce laws and third party rights, such as, but not limited to, intellectual property rights and laws relating to fraud and terrorism. Therefore, in response to a verified request by law enforcement or other government officials such as a Section 29 (3) Data Protection Act 1998 form relating to a criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, we can (and you authorise us to) disclose personal information such as your name, address, telephone number and email address.

Trademarks

The name BlueGoose Systems and the BlueGoose Systems logo are the property of the Company. Unauthorised use of either the name or the logo may result in legal action by the Company. All other trademarks and copyrights acknowledged.

General

Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.

None of the terms and conditions herein shall affect the statutory rights of the customer.

E&OE