Terms of Sale
1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean The Pixel Farm Ltd, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by filling in the Order Form on The PFhoe.com Web Shop after and clicking on the "Place my order" button;
You must use the Order Form from The PFhoe.com Web Shop. We will not accept Orders placed in any way.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via The PFhoe.com Web Shop.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected under these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or mail.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 Except where noted, prices are shown without tax, VAT, GST, any other taxes or duties.
4.3 All taxes, shipping, and handling charges are computed automatically prior to checkout. You will have an opportunity to review and accept taxes, shipping, and handling charges prior to submitting your order.
4.4 All prices, features, and specifications for Products are subject to change in the future without notice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as displayed on the payment section of The PFhoe.com Web Shop
5.2 You must pay in the currency as indicated on your Invoice.
5.3 You must supply your credit card or debit card details when you place your Order. Your credit card or debit card will be charged when we issue your Invoice or on shipment of your Products. We will not supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation we shall let you know.
5.4 We will send your Invoice and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
6. Delivery of Your Products
6.1 We will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
6.2 We will use our reasonable endeavours to manufacture your Products within 14 days of the date of issue of your Order Confirmation. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on +44 (0)01622 808670 and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and The Pixel Farm and/or any service provider engaged by The Pixel Farm. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.3 Title to and risk of loss in your Products will pass to you on delivery of the Products.
7. Your Right to Return the Products
7.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 10 Working Days of delivery of the Product or the purchase of Services. However, you may not return a Product and claim a refund if the Product concerned is Software which (i) we supplied to you sealed and unused and you have broken the seal or (ii) which you have successfully downloaded from The PFhoe.com Web Shop. You may not obtain a refund for a Service if you have commenced use of the Service. The transportation charges set out in paragraph 7.2 section D below will apply. (See clause 7.2 below for further details regarding the return).
7.2
A. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with Section 10 below, please telephone us on +44 (0)1622 808670 between 10:00 and 16.00 Monday to Friday. In the event that you are entitled to a replacement or repair in accordance with section 8 below, the transportation charges referred to in section 7.2 D below will not be applied.
B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges set out within paragraph 7.2 D below and provided:
1. You inform us of your decision to cancel the contract within 10 Working Days of delivery of the Product or the date you purchased the Services; and
2. The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
3. The Product(s) are returned in accordance with paragraph 7.2 C below.
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
C. Please follow the steps below to enable us to process your refund efficiently:
1. Please telephone us on +44 (0)01622 808670 between 10:00 and 16.00 Monday to Friday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number.
2. The Pixel Farm will subsequently arrange for the Product(s) to be collected by The Pixel Farm´s nominated carrier. You will be contacted up front to arrange for a suitable collection time and collection place. The transportation charges set out in section D below will apply.
3. Before returning any Product(s) to The Pixel Farm please check that you have:
a. Received a RMA number from The Pixel Farm (issued on request).
b. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
c. Used all packaging that was originally supplied.
d. Ensure the following returns address and the RMA number are clearly displayed:
Returns Department
The Pixel Farm Ltd
Unit 1 Pattenden Business Park
Pattenden Lane
Marden
Kent TN12 9QS
UK
RMA number (please insert number provided to you)
e. Sealed the packaging securely.
4. Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt.
5. Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B, C and D.
D. The following transportation charges will apply:
1. If the total purchase price of the Product(s) returned is less than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £10.00 (inclusive of VAT).
2. If the total purchase price of the Product(s) is more than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £20.00 (inclusive of VAT).
3. The appropriate transportation charge will be deducted from your refund payment once the Product(s) has/have been inspected and deemed complete and in good condition by The Pixel Farm.
8. Software
8.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.3.
8.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
8.3 You may also purchase any downloadable Software displayed on The PFhoe.com Web Shop. You may only pay for such Software by credit card. Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 10 Working Days of receiving the download instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details below. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
8.4 In addition to the right of withdrawal above, You may return a software Product in the event You are rejecting its accompanying EULA. All software Products are also subject to the additional terms and conditions found in their accompanying EULA. You must agree to the EULA prior to use of the Product. ALL SOFTWARE PRODUCT ORDERS ARE SUBJECT TO YOUR CONSENT TO THE APPLICABLE EULA INCLUDED IN OR WITH THE PRODUCT.
If You reject the EULA, You must return the Product in accordance with the EULA rejection terms and time period, along with all all original packaging and accessories to the address noted above, and indicate that You are returning the Product because You rejected the EULA. If You use the Product or take any other action that is described in the packaging or software as constituting Your consent to the EULA, then that conduct will constitute Your agreement to the EULA and You may not be eligible for a refund or return of the Product unless otherwise allowed in the documentation accompanying the Product or applicable law.
9. Our Liability
9.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:
9.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services;
9.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
9.1.3 any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, The Pixel Farm will not be responsible for ensuring that the Products are suitable for your purposes.
9.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
9.3 Subject to clause 9.2, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 Subject to clause 9.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
10. Contacting The Pixel Farm
You can contact us:
by telephone on +44 (0)01622 808670 between 10:00 and 16:00 GMT Mondays to Fridays;
by email at worldpay@thepixelfarm.co.uk or
by post at PFhoe Shop, The Pixel Farm Ltd, Unit 1 Pattenden Business Park, Pattenden Lane, Marden, Kent TN12 9QS, United Kingdom.
When contacting us you must quote your Customer Order Number.
11. Export Control
You agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
12. Data Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may transfer such data to other companies in the The Pixel Farm group of companies or to companies whose products are available for purchase on The Pixel Farm Shop in order to provide you with information from time to time on other Pixel Farm products and services that may be of interest to you. If you do not agree to our transferring such data to such companies in order to provide you with information on other Pixel Farm or third party products and services, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
13. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
14. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the UK and English law will apply.
15. General
15.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
15.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
16. Defined Terms
16.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a mouse mat or a laptop bag;
"Authorised Service Provider" means a service provider authorised by us to provide Services;
"The PFhoe.com Web Shop" means our build-to-order web site, the web address of which is http://www.pfhoe.com;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Customer Order Number" means the order number issued by us to you;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any Pixel Farm-branded Product which is not Software, Services or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the The PFhoe.com Web Shop;
"Product" means any product listed on The PFhoe.com Web Shop which we agree to supply to you on these terms and conditions and may include Services;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on The PFhoe.com Web Shop which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation bundled software, stand alone software and downloadable software;
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
16.2 The Pixel Farm Ltd is a company incorporated in the England and Wales with its registered office at Unit 1 Pattenden Business Park, Pattenden Lane, Marden, Kent TN12 9QS, UK and with registered number 04580065
Last Updated 16 Aug 2009