Terms & Conditions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Consumer

As defined in the Consumer Rights Act 2015.

Contract

The contract for the purchase and sale of the Products, as explained in clause 2.

Customer / you / your

The Consumer or business ordering the Products. Where an individual orders on behalf of a business, they confirm they have authority to bind that business, which then becomes the Customer.

Product(s)

The IT equipment and any other products supplied by us as specified in your Order and confirmed in our Order Confirmation.

Order

Your order for the Products.

Order Confirmation

Our acceptance and confirmation of your Order, as described in clause 2.

Website

gradeatechnology.co.uk

Each reference to “writing” and “written” includes electronic communications such as e-mail. Any reference to a working day is a working day in England (Monday–Friday, excluding bank holidays).

These Terms and Conditions govern the sale of all Products by us and form the basis of the Contract between you and us. You may place an Order via our Website or by telephone. Before submitting your Order, you will be given the opportunity to review and amend it. Please check your Order and read these Terms carefully before submitting it, and ask us if anything is unclear.

No part of our Website or sales literature constitutes a contractual offer capable of acceptance. Your Order is a contractual offer that we may, at our sole discretion, accept. We indicate acceptance by sending an Order Confirmation by email — only then is there a legally binding Contract.

The Order Confirmation will confirm the Products ordered with fully itemised pricing (including, where appropriate, taxes, delivery and other charges), our identity and contact details, and your chosen delivery option.

If we do not accept or cannot fulfil your Order, we will not normally take payment; if we have, we will refund it within 14 days.

Once your Order has been accepted, we cannot accept any changes to it.

We may offer custom configurations, which must be paid for in advance when ordered. Custom configured Products are not returnable.

All Products we sell are technical in nature, and it is not always practical to publish detailed specifications for all of them. Images, descriptions and advertising on our Website give an approximate description of the Products only; full specifications are available from the manufacturers themselves. Colours may look different on screen to the actual Product.

We reserve the right to change Product specifications without notice where needed to conform to safety, legal or regulatory requirements.

We do not warrant that particular Products will be available. If unavailable, clause 2.4 applies.

Prices are as shown on our Website or notified by telephone at the time of Order. Prices may change at any time, but this will not affect Orders already accepted.

We make every reasonable effort to ensure prices are correct and will correct any typographical errors as soon as possible. If there is an obvious pricing error that you could reasonably have recognised as a mispricing, we are under no obligation to honour that price, even after an Order Confirmation has been sent.

Prices are shown inclusive and exclusive of VAT. If the VAT rate changes between Order and payment, we will adjust accordingly — unless we have already received payment in full.

Delivery charges are not included in Product prices and will be presented during the Order process. Payment for Products and delivery must be made at the time of Order.

Telephone and Website payments are processed via a third-party payment gateway (such as PayPal), under their own terms. We cannot be held liable for any errors or incorrect charges made by them.

We will email you when your Order has been despatched. Orders will be delivered within 30 days of the Order Confirmation, unless otherwise agreed (subject to delays under clause 12).

Orders are delivered by courier and require a signature. If no one is available to receive delivery, a redelivery charge may apply. If your Order has not arrived by the estimated date, please contact us in writing so we can investigate.

If there are likely to be delivery restrictions to your address, please contact us before ordering, as extra costs may apply.

If we fail to deliver within 30 calendar days of the Order Confirmation, you may treat the Contract as at an end immediately if we have refused to deliver, delivery within that time was essential given the circumstances, or you told us at the time of ordering that timely delivery was essential.

Otherwise, you may specify a new reasonable delivery date; if we miss that deadline too, you may then treat the Contract as at an end.

Delivery is deemed complete once the Products reach the delivery address and you (or your nominee) take physical possession — or once left at a nominated safe place. Risk in the Products passes to you at that point.

By law, Products must be of satisfactory quality, fit for purpose, as described, consistent with any pre-contract information, and match any samples shown. If there is a problem, check the user's reference manual first; if the Product still doesn't comply, contact us as soon as reasonably possible.

From the day you receive the Products, you have a 30 calendar day right to reject them for a full refund if they do not conform.

After that period, or if you'd prefer, you may request a replacement at our cost, provided within a reasonable time and without significant inconvenience. Where impossible or disproportionate, we may offer a full refund instead. Requesting a replacement within the 30-day period suspends that period until you receive the replacement (extended to 7 days minimum if less than 7 days remained).

If, after replacement, the Products still don't conform — or we fail to act within a reasonable time — you may keep them at a reduced price or reject them for a refund.

Exercising the final right to reject more than six months after receipt may result in a reduced refund reflecting your use of the Products. Within six years of receipt, if Products don't last a reasonable length of time you may be entitled to a partial refund (proof of the original defect required after the first six months).

This clause 6 does not apply where we disclosed the fault before purchase, where you used the Products for an unsuitable purpose we weren't made aware of, in cases of normal wear and tear or misuse, or simply because you've changed your mind (see clause 7 instead).

Used and refurbished Products are graded as follows, and you are deemed to accept the relevant grade:

A Grade

Excellent condition, used little or with no scratches (not guaranteed mark-free, being a used Product).

B Grade

Minimal wear, very good condition — will show some marks and scratches.

C Grade

Will have some signs of wear and markings.

You cannot claim under this clause for issues not covered by warranty (see clause 10). To return Products under this clause, please contact us to arrange the return — we bear the return costs and will reimburse you where appropriate. Refunds are issued via your original payment method within 14 days of the refund being agreed, and include original delivery costs.

Consumers in the EU have a legal “cooling-off” period allowing cancellation of the Contract for any reason, beginning once your Order Confirmation is sent (or earlier, before it is sent).

For single-instalment delivery, this period ends 14 calendar days after you receive the Products; for instalment deliveries, 14 days after the final instalment.

To cancel, inform us within the cooling-off period — by any method, though a cancellation form is available on our Website. A message sent by 23:59:59 on the final day is valid.

You may lose this right if the Products were personalised or custom-made for you.

Please return Products no more than 14 calendar days after telling us you wish to cancel. You may use any suitable delivery service (contact us for the returns address), but you bear the cost of return. We will reimburse standard delivery charges in full, though not premium delivery options.

Refunds are issued within 14 calendar days of the day we receive the Products back, or the day you inform us of cancellation if we haven't yet despatched them. Refunds may be reduced for excessive handling beyond what would be reasonable in a shop, and will be made via your original payment method unless you request otherwise.

Business Customers may not cancel an accepted Order except with our written agreement, and on the basis that you indemnify us in full against any resulting loss, costs, restocking fees and expenses.

If dissatisfied on delivery, you may return Products only if you:

• Inspect the Products on delivery — mark the delivery note “not examined” if this isn't possible;
• Inform us within 48 hours of delivery that you wish to return them;
• Keep the Products in their original, delivered condition;
• Return them at your own risk and cost; and
• Indemnify us against any cost of rectifying deterioration caused by incorrect storage or use.

If we find the Products damaged or defective on receipt and you've complied with the above, we may refund delivery costs at our discretion. Products must be returned in their original, unopened packaging with proof of purchase — a fee may be deducted if packaging is missing. We may offer replacement, credit, or refund at our discretion, issued once the original Products are received back.

We may cancel your Order before despatch if the Products are no longer available and cannot be restocked (e.g. discontinued), or if an event outside our control occurs (see clause 12).

If we cancel a paid Order, we will confirm this in writing and refund you within 14 days.

For business Customers, we may cancel Orders, suspend deliveries, terminate your account, and/or charge interest at 8% per annum above the Bank of England base rate on overdue amounts if you breach the Contract or become insolvent. We may also demand immediate payment for delivered but unpaid Products, and repossess Products in which we retain ownership, including entering your premises during normal working hours to do so if necessary.

We pass on the benefit of any manufacturer's warranty or guarantee, in addition to your legal rights as a Consumer where applicable. Warranty or guarantee cover does not extend to:

• Normal wear and tear;
• Misuse, lack of care, mishandling, accident or abuse;
• Use other than for the Product's intended purpose;
• Damage from improper or unauthorised repair or maintenance;
• Repairs carried out without our consent, or where the warranty seal is broken;
• Products that have been modified or altered;
• Software issues, including file corruption or setup problems;
• Accidental damage such as a broken screen or liquid spill (independent insurance recommended); and
• Used batteries or other consumables, which naturally degrade over time.

Please contact us before returning any Product under warranty — we will repair or replace at our discretion. This clause applies in addition to your rights under clause 6.

We are responsible for foreseeable loss or damage resulting from our breach of these Terms or our negligence — loss is foreseeable if it's an obvious consequence of the breach, or was contemplated by both parties at the time the Contract was formed. We are not responsible for loss that isn't foreseeable.

We are never liable for loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing here excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation — nor does anything here limit your statutory rights as a Consumer (your local Citizens Advice Bureau or Trading Standards Office can advise further).

For business Customers only, subject to the above, our total liability arising in connection with the Contract is limited to the total price paid for the Products, and all statutory or common law implied terms are excluded to the fullest extent permitted by law.

We are not liable for any failure or delay resulting from causes beyond our reasonable control, including power or internet service failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, terrorism, war, governmental action, pandemic, other natural disasters, or any other event beyond our control.

We welcome feedback and, while we aim for every customer experience to be positive, we want to hear from you if you have cause for complaint. Please contact us in writing in the first instance so we can investigate any query, complaint or problem.

EU consumers with an unresolved dispute can use the EU Online Dispute Resolution platform:
webgate.ec.europa.eu/odr/main/?event=main.home.show

Personal information is collected, used and held in accordance with the General Data Protection Regulation 2016, the Data Protection Act 2018, and any amendments to them. See our Privacy Policy on our Website for further information.

We may transfer our rights and obligations under these Terms to a third party (for example, if we sell our business) — you will be informed in writing, and your rights will remain unaffected. You may not transfer your rights or obligations without our express written permission.

The Contract benefits only you and us; no other person or third party may enforce any part of it. If any provision is found unlawful, invalid or unenforceable, that provision is severed and the remainder remains valid.

No failure or delay by us in exercising our rights constitutes a waiver, and waiving one breach does not waive any subsequent breach.

These Terms, and the relationship between you and us, are governed by the laws of England and Wales, and, where you are an EU consumer, any mandatory EU consumer law.

Any disputes are subject to the jurisdiction of the courts of England and Wales, except as set out in clause 16.1.