General Terms & Conditions of Sale (Effective Date: 11-Jun-2010)

linuxlaptops2go.co.uk provides access to its Website and sells products to you subject to the General Terms and Conditions of Sale set out here. By using the Website, you signify your agreement to be bound by them. They do not affect your statutory rights as contained in current legislation governing the relationship between consumers and businesses.

These Terms and Conditions and all transactions relating to the Website, as well as all non-contractual obligations arising from any transactions carried out on the Website, shall be governed by English law and are subject to the non-exclusive jurisdiction of the English courts. Please note that sales can be concluded in English only and that no public filing requirements apply. We do not accept amendments to the Terms and Conditions.

1 Definitions and Interpretations
1.1 In these Terms and Conditions, the following words and phrases have the meanings ascribed:
1.1.1 “the Website” means the linuxlaptops2go.co.uk website;
1.1.2 “the Terms and Conditions” mean the General Terms and Conditions of Sale as laid out on this page;
1.1.3 “we”, “us”, “our”, “the Company” refers to Orphix Limited (Company Number 06609360) whose registered office is at 19 Meredith Road, Portsmouth, PO2 9NL, trading as linuxlaptops2go.co.uk;
1.1.4 “you”, “your”, “the Customer” refers to the account applicant, Website user or person who buys or agrees to buy products from the Company;
1.1.5 “Consumer” means any Customer who is acting for purposes that are outside trade or business;
1.1.6 “the Contract” means any contract between the Company and the Customer for the sale and purchase of the Products;
1.1.7 “the Products” means any goods (including any part or parts of them) agreed in the Contract to be supplied by the Company to the Customer;
1.1.8 “the Effective Date” means the date on which these Terms and Conditions are published and become applicable, and is as displayed at the top of this page;
1.1.9 “the Manufacturer” means the provider of the hardware that the Company re-sells to the Customer.
1.2 Any reference to a particular law refers to its applicability as at the Effective Date, including any amendment, extension, re-enactment and subordinate legislation in force.
1.3 Words in the singular include the plural and those in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Headings to sub-sections of the Terms and Conditions do not affect the interpretation of the Terms and Conditions.

2 Entire Agreement
2.1 Subject to any variation under condition 2.3, the Contract shall be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, communication, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in any purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 The Terms and Conditions apply to all the Company's sales, and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a director of the Company.
2.4 If the Company chooses not to enforce a right under the Terms and Conditions, that decision does not prevent the enforcement of other rights, or the same right, on a later occasion.

3 The Website
3.1 The Company may revise these Terms and Conditions at any time by re-publishing this page on the Website. Any changes are effective from the date on which they are published on the Website (which is the same as the Effective Date). Specific legal notices or terms which appear as part of a special offer or the Contract, or on other pages of the Website, may supersede certain provisions of these Terms and Conditions. Any Customer not wishing to be bound by the Terms and Conditions should not continue to use the Website, enter into the Contract or participate in the special offer, as appropriate.
3.2 The Company aims to provide uninterrupted availability of the Website and endeavours to ensure that all transmissions are error-free. However, this cannot be guaranteed, and the Company will not be liable if the Website is unavailable at any time or for any period for any reason. In addition, Website access may be suspended temporarily and without notice in the case of system failure, maintenance, updates or for any other reason beyond the Company’s control.
3.3 The Company reserves the right to deny access to the Website and remove or edit content at its discretion.
3.4 Every effort is made to ensure that all information on the Website is accurate; however, the Company does not warrant the accuracy or completeness of the information.
3.4.1 The Company may make changes to the information on the Website, including the products and prices, at any time without notice.
3.4.2 Despite best efforts, the information on this Website may become out of date, and the Company makes no commitment to update the information within a specific timescale.
3.4.3 Should the Company become aware of any error (for example in pricing, description or availability), it may cancel the Customer’s order at any time up to the point of dispatch – even if the order has been confirmed. In the event of any such cancellation, the Customer will receive a full refund of any monies already paid to the Company.
3.5 For information on how the Company interprets the Customer’s data protection rights, please review the Privacy Policy.
3.6 Access to and personal use of the Website does not authorise the Customer to download (page-caching excluded) or modify any part of it unless expressly agreed in writing and signed by a director of the Company. This also prohibits: the resale or commercial use of the Website or its contents; the collection or use of product listings, descriptions or prices; any derivative use of the Website or its contents; any downloading or copying of product or account information for the benefit of another business or individual; the use of data-mining, robots or other data-gathering or extraction tools.
3.7 The Customer may not reproduce, duplicate, copy, sell, resell or otherwise commercially exploit the Website or any part of it unless expressly agreed in writing and signed by a director of the Company.
3.8 The Customer is granted a limited, revocable and non-exclusive right to create a hyperlink to the Homepage of the Website as long as the link or supporting material does not portray linuxlaptops2go.co.uk, its affiliates or the Products and services in a false, misleading, derogatory or otherwise offensive manner. The Customer may not use any Orphix Limited or linuxlaptops2go.co.uk logo or other proprietary graphic or trademark as part of the link or otherwise unless expressly agreed in writing and signed by a director of the Company.
3.9 The Customer must not use the Website in a way that causes, or is likely to cause, interruption, damage or impairment to it.
3.10 The Customer may not restrict or inhibit the use or enjoyment of the Website by anyone else.
3.11 The Customer must not use the Website for any of the following:
3.11.1 For fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
3.11.2 To send, use or re-use any material that: is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; is in breach of copyright, trademark, confidence, privacy or any other right; is otherwise injurious to third parties; is objectionable; consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or spam;
3.11.3 To cause annoyance, inconvenience or needless anxiety.
3.12 These Terms and Conditions apply to the linuxlaptops2go.co.uk Website. Links to other websites are provided solely for convenience; should the Customer choose to use them, and he does so entirely at his own risk, he leaves the Website. The Company accepts no responsibility or liability for the content on or the operation of websites which are not under its control. The Company does not endorse or make any representations about them or the information found on them, or any results that may be obtained from using them.
3.13 The Website complies with legislation introduced to ensure that e-commerce transactions are legally binding. E-commerce refers to the buying and selling of products on the internet, where the company and customer are not face-to-face and the transaction is conducted remotely. Where applicable, this website and its operation observe:
3.13.1 The Consumer Protection (Distance Selling) Regulations 2000;
3.13.2 The Electronic Commerce Regulations 2002, and
3.13.3 The Privacy and Electronic Communications Regulations 2003.

4 Creating and Using a User Account
4.1 The Customer must be 18 years of age or over to create a user account on the Website.
4.2 Each account is for a single user only, regardless of whether the Customer is acting on behalf of a Company or other organisation. The Customer is responsible for maintaining the confidentiality of the username and password, and he is not permitted to share these details with any other person or other users on a network. If the Customer knows or suspects that his details have become known to anyone else, he should contact us immediately.
4.3 The Customer agrees to accept all responsibility for all activities that occur under his username and password.
4.4 The Customer agrees that he is responsible for all electronic communications and content sent from his user account and/or computer to the Company.
4.5 The Company reserves the right to suspend or delete the Customer’s user account immediately at its reasonable discretion.
4.6 Personally identifiable information posted to this Website is covered by the Privacy Policy. All other material posted or transmitted to the Website is considered non-confidential and non-proprietary. The Company accepts no obligations with respect to such material. The Company and its nominees are free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds and text and other things contained within them for any and all commercial or non-commercial purposes.

5 Order Procedure and Payment
5.1 To place an order via the Website, the Customer must be aged 18 or over and be a UK registered card holder.
5.2 All orders placed by the Customer are subject to final acceptance by the Company.
5.2.1 No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the Company is binding unless and until it is accepted by the Company.
5.2.2 Once the Customer submits an order, he receives an order receipt from Google Checkout with an order number; the order can be checked using Google Checkout or via the Customer’s User Account on the Website. The order receipt and other details available do not constitute an order confirmation or acceptance by the Company.
5.2.3 Should the Company decline all or part of the Customer’s order for whatever reason, the Company will send the Customer an e-mail informing him of the fact and he will receive a full refund of any monies already paid to the Company.
5.2.4 Should the Company refuse the Customer’s order due to a pricing error on the Website, the Company will aim to contact the Customer as soon as possible to offer him the option of: re-confirming the order at the correct price, or cancelling the order. If the Company does not receive an order re-confirmation by the Customer within 3 days of informing him of the error, the Company will cancel the order automatically. If the Customer does not wish to re-confirm the order, or if the order is cancelled at the expiry of the 3-day period, the Customer will receive a full refund of any monies already paid to the Company.
5.2.5 Acceptance of the order by the Company and completion of the applicable Contract occurs at the point when the Products are dispatched by the Company to the Customer or, in the case of 7.6, when the Customer collects the Products from the Company, unless the Company has previously notified the Customer that the order has not been accepted.
5.3 Payment for the Products by the Customer is to be made by any method shown on the Website at the time of ordering.

6 Description and Pricing
6.1 The description of the Products is as set out on the Website at the time an order is submitted.
6.2 It is the responsibility of the Customer to ensure that the Products are compatible with and suitable for his intended purpose. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise, are excluded.
6.3 All descriptions and illustrations contained in the Website are issued and published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and Products are not sold on a sale by sample basis.
6.4 All prices are shown in UK £s (pounds sterling).
6.5 VAT is not applicable on prices.
6.6 Prices are displayed on the Website exclusive of delivery charges. Should additional charges be incurred, and agreed by the Company, the appropriate rates will be confirmed in advance as part of the Checkout procedure or otherwise explicitly communicated.
6.7 The Company’s prices are constantly reviewed and may change without notice.

7 Dispatch and Delivery
7.1 Any dispatch and delivery dates are intended to be an estimate only; such times and dates shall not be made of the essence by notice. The Company shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated dispatch or delivery date.
7.2 Should any estimated dispatch date be exceeded, the Company will endeavour to keep the Customer informed of the delay and provide an expected new dispatch date. Should the new dispatch date be unacceptable, the Customer has the right to cancel the order and receive a full refund of any monies already paid to the Company.
7.3 The Company delivers to the UK mainland. The Company excludes the Channel Islands, the Isle of Man and British Forces Post Office (BFPO) addresses. The Company reserves the right to change these destinations without notice; should the Customer request delivery to an address the Company does not deliver to, the Company reserves the right to reject the order as in 5.2 above.
7.4 Delivery costs are confirmed on the Google Checkout Order page, and the Customer may check and agree to these before submitting his order.
7.5 The Company reserves the right to reject orders where the requested delivery address does not match the cardholder’s address, is not an address that the Company has previously delivered to or otherwise cannot be verified.
7.6 At the Company’s sole discretion, the Customer may collect the Products from the Company’s registered address at any time after the Company has notified the Customer that the Products are ready for collection, and within a timescale specified by the Company as part of the Contract (items not collected within the specified timescale will be re-stocked).
7.7 If delivery is made in accordance with 7.6 above:
7.7.1 The Rights to Cancellation as laid out in the Consumer Protection (Distance Selling) Regulations 2000 do not apply;
7.7.2 The Customer acknowledges that he may be required by the Company to provide proof of address, photo identification, and/or the payment card prior to receiving the goods.
7.8 Failure to accept delivery of the Products does not constitute a cancellation of the order under the Consumer Protection (Distance Selling) Regulations 2000. To action a cancellation under this legislation, the Customer must give notice in writing as described in 8.7.
7.9 If the Customer fails to accept delivery of any of the Products when they are ready for delivery, or the Company is unable to deliver the Products because the Customer has not provided appropriate or adequate instructions, documents, licences or authorisations:
7.9.1 The risk in the Products shall pass to the Customer. Should the products be returned to the Company, the risk shall pass back to the Company only when the products are received and accepted by the Company;
7.9.2 The Products shall be deemed to have been delivered for the purposes of inspection, and the reporting of delivery shortages and defects in accordance with 7.12.
7.10 If the Customer requests that the Company re-delivers the Products following a failed delivery in accordance with 7.9 above, the Company reserves the right to make an additional charge for such re-delivery.
7.11 Where Products are delivered in separate instalments, each separate instalment shall be a separate Contract. No cancellation or termination of any one Contract shall entitle the Customer to repudiate or cancel any other Contract or instalment.
7.12 Customers are required to inspect the Products immediately upon delivery and to inform the Company via the Google Checkout Seller Contact Form if the goods are damaged, defective or do not comply with the Contract. The Customer is requested to retain and provide all evidence of damaged, defective or non-compliant deliveries to enable the Company to verify and process any claim as quickly as possible. The Customer may be asked to repackage and return the affected deliveries at his cost. No goods should be returned without first contacting the Company. Note that the rights of non-business Customers under the Consumer Protection (Distance Selling) Regulations 2000 are not affected by this clause – see 8 Your Rights of Cancellation below.
7.12.1 Where deliveries are verified as being lost/damaged in transit or non-compliant with the Contract, the Company will send the Customer a replacement or offer the Customer a full refund which includes all delivery charges.
7.12.2 The Company’s Quality Assurance process ensures that the Products are dispatched in full working order. In the unlikely event that the Products are found to be defective according to the Contract, the Company will send a replacement or offer a full refund which includes all delivery charges.
7.12.3 Should the Products be found to be defect-free, and the Customer wishes to cancel the order, for example if the goods were ordered in error or are no longer required, the Company’s Rights of Cancellation will apply as described in 8 below.

8 Your Rights of Cancellation
Cancellation Policy
8.1 Customers who wish to cancel a completed Contract and return non-defective Products (e.g. those that have been ordered in error or are subsequently not required) have no automatic cancellation rights. The Customer’s statutory rights are not affected.
8.2 No returns will be accepted where the Customer has failed to take care of the Products as in 8.11 below.
8.3 Where a Customer wishes to cancel a completed Contract and return non-defective Products:
8.3.1 The Customer should, within 7 working days of delivery, contact the Company in writing, by e-mail or by telephone to obtain written approval for a return. After 7 days, no requests for cancellation will be considered and the Customer shall be deemed to have accepted receipt of all products;
8.3.2 Where the Company approves a return, it will be on terms to be determined at the absolute discretion of the Company;
8.3.3 Written approval for a return will include a returns number which must be included with the returned Products (but not affixed to any item such that it becomes permanent or causes any damage, cosmetic or otherwise);
8.3.4 The Customer will bear the cost of returning the Products (including packaging, delivery costs and any insurance) to the Company premises. The method of return is to be agreed with, and may be determined by, the Company;
8.3.5 The Products remain at the Customer’s risk in all respects until received and accepted by the Company. The Customer will be liable for the cost of remedying any damage to the products returned where the damage has, in the opinion of the Company, been caused by the Customer in any way;
8.3.6 The Company reserves the right to make a handling and restocking fee of up to 25% on goods returned under this provision;
8.3.7 If the Company has approved the return, the Company will action a refund equivalent to the original price paid, minus any or all of the following: initial delivery costs to the Customer, costs associated with remedying any damage caused by the Customer (as in 8.3.5), a handling and restocking fee (as in 8.3.6).
8.4 The Customer is not required to format the hard disk, restore any default/factory settings or delete any accounts prior to returning the Products. However, the Company will analyse the Products on their return. The Customer acknowledges that evidence of fraudulent or illegal activity will be reported to the relevant authorities and that, in such circumstances, the Company will pass on any personal details where it is legally authorised and/or obliged to do so, to assist in related investigations.
The Consumer Protection (Distance Selling) Regulations 2000
8.5 The Consumer Protection (Distance Selling) Regulations 2000 allow Consumers to cancel a completed Contract up to 7 working days after delivery of items which are covered under the legislation.
8.6 For cancellations processed under the legislation, the Consumer is entitled to a full refund of all monies paid to the Company. The Company may, however, withhold charges relating to the following:
8.6.1 Products which have been made to the Consumer’s own specification;
8.6.2 Products which have been pre-viewed or purchased on site at the Company’s premises;
8.6.3 Computer software that has been opened or unsealed by the Consumer;
8.6.4 Express/courier delivery, if selected by the Consumer. In this case, delivery is provided under a separate contract and is completed before the end of the Contract cancellation period. For the avoidance of doubt, cancellation rights relating to such express/courier delivery end at the point that the Products are dispatched.
8.7 Any Consumer wishing to cancel the Contract under this legislation is requested to:
8.7.1 Contact the Company in writing via the Google Checkout e-mail facility. Consumers should note the Company does not accept notice of cancellation by fax or telephone. The Company will acknowledge the cancellation request and provide a returns number by return of e-mail. If no acknowledgement is received, the Consumer should contact the Company immediately to ensure that the request can be processed under the legislation;
8.7.2 Return all delivered Product(s) and materials, at his own cost, to the Company’s registered address within 7 days of receiving the returns number. The returns number should be included with the returned Products (but not affixed to any item such that it becomes permanent or causes any damage, cosmetic or otherwise);
8.8 If the Consumer fails to return the Products or attempts to send them at the Company’s expense, the Company is entitled to pursue a claim against the Consumer for breach of statutory duty. The Company can charge the Consumer the direct cost of recovery and/or return, even if the Company has already refunded any monies already paid by the Consumer.
8.9 Subject to the exclusions in 8.6 above, the Company agrees to action valid refund requests as soon as possible and in any case within 30 days of the date the Consumer gives notice of cancellation.
8.10 The Company acknowledges the Consumer’s entitlement to inspect and assess the delivered Product(s). This notwithstanding, the Consumer is requested to return unwanted products as new with their original packaging.
8.11 The Consumer has a statutory duty under the Distance Selling Regulations to take care of the Products throughout the cancellation period, while they are in his possession and in transit while being returned. The Company shall inspect the returned Products and, if it is of the view that the Consumer has not taken reasonable care, the Company is entitled to take action against the Consumer (including the pursuit of financial compensation) for breach of duty. The following list is not exhaustive, but the Company shall deem that the Consumer has not taken reasonable care of the Products if:
8.11.1 The Consumer has not retained the Products in his possession during the cancellation period;
8.11.2 The Consumer has registered the Products in his own or another name with the Manufacturer;
8.11.3 The Products have been damaged while in the Consumer’s possession or in transit while being returned (including due to the Products being inadequately packaged by the Consumer);
8.11.4 Any items (including, but not limited to, peripherals, accessories, consumables and documentation) are missing;
8.11.5 The Consumer has demonstrated wilful or deliberate neglect or misuse of any of the Products, or allowed others to do so;
8.11.6 The returned Products malfunction as a result of having been subjected to abnormal environmental factors (including, but not limited to, mains power transients or drop-outs, electromagnetic interference, extremes of humidity, vibration, electrostatic damage, temperature or pressure or chemical corrosion).

9 Warranty and Returns
9.1 Hardware Products are covered by a 12-month Manufacturer’s warranty. The Company is acting as a re-seller, and not a manufacturer, of the Products. In this respect, and to the fullest extent permissible by law, the Company is unable to offer any additional warranties in respect of the Products.
9.2 Should hardware still in the warranty period develop a fault, please contact the Company in the first instance.
9.3 Open source software is not covered by any warranty whatsoever.

10 TFT and LCD Pixel Policy
10.1 The Manufacturer considers the existence or development of pixel irregularities to be rare and the occurrence of a dead pixel not to be indicative of further pixel problems.
10.2 In general, a few dead pixels are not considered a defect, and there is no consensus across producers on how many dead pixels constitute a faulty screen.
10.3 As at the Effective Date, the Manufacturer undertakes to replace defective screens within 28 days of release to the Company (where the operating system is installed, and the Products are packaged and dispatched). The Manufacturer currently defines a defect as:
10.3.1 Three or more dead pixels across the screen, or
10.3.2 Two dead pixels which are connected to each other.
10.4 In accordance with 9.1 above, the Company provides no warranty for screens. The Customer is strongly advised to check the screen as soon as possible upon delivery, and report any problems immediately to allow time for satisfactory resolution.

11 Collection of Old and Unwanted IT/Computing Equipment
11.1 The Waste Electrical and Electronic Equipment Directive (WEEE Directive) aims to minimise the impact of electrical and electronic goods on the environment by increasing re-use and recycling and reducing the amount of WEEE going to landfill.
11.2 The Company supports the directive by agreeing to dispose of the Customer’s old and unwanted equivalent IT Products for free.
11.3 Scrap collection is subject to explicit agreement by the Company, and requests will be considered on a case-by-case basis. Agreement will generally be given where:
11.3.1 The items are located with a Customer living local to the Company’s registered address. In this case, a representative of the Company will call to pick up the items;
11.3.2 It has been agreed that a Customer may collect their order from the Company’s registered address. In this case, the Customer may drop off items at the time of collection;
11.3.3 The Customer has previously gained agreement and received a reference number from the Company, and subsequently packages and sends the items to the Company’s registered address at his own cost.

12 Limitation of Financial Liability
12.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-Contractors) to the Customer in respect of:
12.1.1 Any breach of these Terms and Conditions;
12.1.2 Any use made or re-sale by the Customer of any of the Products, or of any product incorporating the Products, and
12.1.3 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
12.2 Nothing in these conditions excludes or limits the liability of the Company:
12.2.1 For death or personal injury caused by the Company’s negligence, or
12.2.2 Under section 2(3) of the Consumer Protection Act 1987, or
12.2.3 For any matter where it would be illegal for the Company to (attempt to) exclude its liability, or
12.2.4 For fraud or fraudulent misrepresentation.
12.3 Subject to conditions 12.1 and 12.2:
12.3.1 The Company’s total liability in Contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price, and
12.3.2 The Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses.
12.4 Except as may be implied by law where the Customer is dealing as a consumer, in the event of breach of any of these terms and conditions by the Company, the remedies of the Customer shall be limited to damages which shall in circumstance not exceed the price of the goods, and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.

13 Liability
13.1 Under no circumstances will the Company be responsible for any indirect, incidental or consequential damages.

14 Force Majeure
14.1 The Company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the Company’s reasonable control.

15 No Waiver
15.1 The Company’s failure to insist upon the strict performance of any provision of these Terms and Conditions shall not deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance of compliance with any of these conditions.

E&OE