Conventions and Agreement
“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.
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.
be made in British Pounds or Euros. Payment can be made by the
customers : Credit card, debit card, personal or company cheque,
banker’s draft, bank transfer or PayPal. Goods will only be
dispatched upon receipt of cleared funds.
: Bank transfer only. Payments made by any other method will be
returned and goods will not be dispatched.
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.
Payments made by credit card will appear on the cardholder’s
statement as “BLUEGOOSE SYSTEMS”.
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.
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.
never sold on either a “sale or return” or trial basis under any
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.
on the Company’s website, in the press, in marketing literature
and other media are subject to continued availability and are
exclusive of delivery and packaging costs, insurance and all
taxes that may apply unless stated otherwise.
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
We aim to
dispatch all goods within two working days of receiving the
order and cleared funds and subject to any lead time quoted.
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 may be varied without notice and without the
Company incurring any liability. The Company shall not be liable
for any losses incurred by a variation in the delivery time from
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.
At the time
goods are dispatched by the Company, 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
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
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
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.
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.
/ Returned Orders
Company’s discretion, it may accept the return of goods in the
event of cancellation of an order, but only under the following
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.
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 GBP 25.00
or the value of the goods plus carriage costs, whichever is
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).
goods must be in such a condition that they may be resold by the
Company in the same condition as when sold. 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
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
9. In all
cases the customer is entirely responsible for the costs
involved in returning the goods, including carriage and
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.
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
Support & Warranty
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.
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.
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.
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.
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.
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.
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.
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
terms of the warranty, goods may only be returned :
prior agreement with the Company
the issuing by the Company of an RMA number
3. After the
completion and return of the Company’s RMA form
accordance with items 5., 6., 7., and 8. of Cancelled / Returned
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 GBP 40.00 per hour, the minimum
charge being GBP 40.00. 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
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.
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 licence 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
licence of third party software by the customer or the
may not assign any of its rights or obligations under this
agreement without the Company's written consent.
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
application and interpretation of these terms and conditions
shall be in accordance with the Law of England and Wales and both parties hereby
agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
All credit card details will be handled securely to ensure
confidentiality. SSL encryption is employed to ensure sensitive
data is protected.
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.
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