These terms and conditions (“Terms”) apply to all products for sale by us (“Products”) and listed on our website (“Website”). These Terms will apply to the sale of Products to you and forms the contract of sale between us (“Contract”).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to. You will be asked to click on the button marked “I Accept” on the Order page to accept these Terms. If you choose not to accept these Terms, you will not be able to proceed with your order to purchase any Products from our Website.You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time in accordance with clause 7. Each time you wish to order Products from us, please check the up-to-date Terms that apply at that time.
1. About us
1.1 We operate the Website www.pureitrefurbished.co.uk. Pure IT Refurbished is a trading name of Pure IT Recycling Ltd, a company registered in Scotland under company number (SC329414) and with our registered office at 14 Riversdale Crescent, Edinburgh EH12 5QT. Our VAT number is (924575212).
1.2 To contact us, please use Contact Us on our Website.
2. Our Products
2.1 The images and descriptions of the Products on our Website are for illustrative purposes only and are designed to provide you with an approximate idea of the Products available. Although we make every effort to display the true colours of the Products, we cannot guarantee that your own computer’s display of the colours will accurately reflect the colour of the Products. Accordingly, the Products which are supplied to you may vary slightly from the images on our Website.
2.4 As our business involves the sale of refurbished Products, the detailed specifications of the Products on our Website reflect the specifications provided by the manufacturer of the Products. Additional information and specifications of the Products on our Website may be available from the Manufacturer direct. Please contact us should you have any queries or wish to obtain additional details of the Products before you place your order.
2.5 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if a Product you have ordered is not available and we will not process your order.
3. How we use your personal information
4. Right to purchase Products – Consumer
This clause only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. Right to purchase Products – Business Customer
This clause only applies if you are a business customer.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you, the business you are representing and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to herein.
6. Contract of sale between you and us
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However,please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance of your order by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when the Dispatch Confirmation has been sent.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available; or because of an error in the price on our Website as referred to in clause 11.5, we will inform you of this by email as soon as possible and offer a suitable alternative or the option to cancel. If you choose to cancel the order and have already paid for the Products, we will refund you the full amount as soon as possible.
6.5 These Terms and the Contract between us is based on Scots Law and English will be the language of interpretation in the event of a dispute.
7. Our right to vary these Terms
7.1 We may revise these Terms from time to time to reflect any changes in how we accept orders and/or payment from you; changes in relevant laws and regulatory requirements; and/or changes in our system’s capabilities.
7.2 Each time you order Products from us, the Terms in force at that time will apply to the Contract made between you and us.
7.3 Whenever we revise these Terms in accordance with this clause, we will give you notice of this by stating on our Website that these Terms have been amended and specifying at the top of this page the date on which the amended Terms come into force.
8. Your Consumer right of Return and Refund
This clause only applies if you are a Consumer.
8.1 We want you to be satisfied when you shop with us. However, occasionally we know that you may want to return a Product. As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of software, DVDs or CDs which have a security seal which you have opened or unsealed. Products of this nature may only be returned if they are faulty or mis-described (as set out in clause 8.7)
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the first working day following the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to us at 14 Riversdale Crescent, Edinburgh EH12 5QT.
8.5 Please keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you send the email or post the letter to us (whichever applies).
8.6 You will receive a full refund of the price you paid for the Products if they are returned to us because they were faultyor mis-described (as defined in 8.7 below). For faulty or mis-described products please contact us to arrange for the return of the goods which we will pay for. We will process your refund using the payment method used by you to pay as soon as possible and, in any case, within 7 calendar days of the products being returned.
8.7 Products will be regarded as faulty if they do not function in accordance with the Manufacturer’s specification or the specification with which we have described them on our Website (see clause 2.4 above) or have been mis-described on our Website.
8.8 If you cancel a Contract and the Products have already been delivered to you, you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection. Unless the Products are faulty or not as described (see clause 8.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We will notify you on receipt of your cancellation notice of the charge (if any) to be incurred for collecting the Products from you. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products during this time. You should not continue to use the Products once your cancellation notice has been sent to us.
8.9 All Products which are to be returned following a cancellation must be returned with their original packaging.
8.10 Further details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 We shall determine the delivery method for your order based on the size of the Products comprising your order. For the majority of Products, we shall use Interlink Express (or such other courier provider of a similar standard as we may from time to time decide) to delivery your order. Smaller items may be sent via the Post Office and larger orders where pallets are required, may be delivered by Palletline (or such other pallet distributors of a similar standard as we may from time to time decide).
9.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (see Clause 16 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date as soon as reasonably practicable.
9.3 Delivery will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from the completion of delivery.
9.4 Ownership of the Products shall transfer to you once we have received payment in full, including all applicable delivery charges. You do not own the Products until full payment is received by us but you do have the risk to look after them from the date that they are delivered to you until we receive full payment.
10. International delivery
10.1 We are able to deliver internationally. However there are restrictions on some Products for certain international destinations and should you require an international delivery you must contact us prior to placing your order for confirmation that the Products required can be delivered to your destination. We will confirm in writing as soon as reasonably practicable whether we are able to deliver to the required delivery destination and the likely shipping charges to be incurred in doing so.
10.2 If you order Products from our Website for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount nor be responsible for your requirement to pay the same.
10.3 You will be responsible for payment of any such import duties and taxes levied on the Products. Please contact your local customs office for further information before placing your order should you have any queries regarding import duties and taxes.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible in any way if you break any such law.
11. Price of Products and delivery charges
11.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, there may be occasions where an error in the price of Products you ordered occurs. In this event, the provisions of clause 11.5 shall apply.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product quoted on our Website does not include delivery charges. Our delivery charges are as quoted separately on our Website from time to time and are confirmed in the Dispatch Confirmation.
11.5 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing with the purchase of the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 You can pay for Products using a debit or credit card or via PayPal. We accept the following cards: Visa, Visa Debit, Visa Electron, Mastercard, Maestro.
12.2 Payment for the Products and all applicable delivery charges must be made in advance. We will not take payment from you until your order is ready for dispatch.
13. Our Product Warranty
13.1 Unless expressly stated otherwise in a Product’s description, we will provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the following circumstances: described in clause 1.45 and 1.46.
(a) to any defect in a Product arising from:
(i) fair wear and tear;
(ii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(iii) your failure to operate or use the Product in accordance with the Manufacturer’s user instructions;
(iv) any modification, alteration or repair by you or by a third party who is not one of our authorised repairers; or
(v) any software installed by you or on your behalf; or any file corruption, internet usage or any virus or bug which infiltrates or damages the Product.
(b) This warranty shall apply to hardware Products only and no warranty is given in relation to batteries provided as part of your order. Batteries are consumable items and are expected to require replacement over time. We give no guarantee as to how long a battery will hold its charge or work away from the mains supply.
(c) This warranty shall not apply to consumables such as but not limited to printer ink or toner and projector bulbs.
13.2 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13.3 We reserve the right to test any Product returned to us in accordance with these Terms. If, on testing, it transpires that you have not complied with the provisions of any of these Terms, or any Product returned to us is damaged through misuse, is missing parts or is in an unsellable condition due to your own acts or omissions, we will have no liability to repair or replace the Products and shall be entitled to return the Products to you in their existing condition.
14. Our liability if you are a Business Customer
This clause only applies if you are a business customer.
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, delict/tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising out of or in connection with the Contract, whether in contract, delict/tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid by you for the Products.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our liability if you are a Consumer
This clause only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
16. Events outside our control (force majeure)
16.1 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably practicable to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Communications between us
17.1 When we refer in these Terms, to “in writing”, this will include email.
17.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, or if you wish to contact us in writing for any other reason, you must contact by sending an email to email@example.com or by sending a letter to us at 14 Riversdale Crescent, Edinburgh EH12 5QT.
17.3 Except in relation to the cancellation of a Contract, you can also contact us using our Customer Services telephone on +44 131 3379298
17.4 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
17.5 Any notice given by you to us, or by us to you, will be deemed received three days after the date of posting of any letter if properly posted to the addresses above, or in the case of email – 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. General terms
18.1 Our Transferability/Assignation – We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 Your Transferability/Assignation – You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause to the recipient of the gift without needing to ask our consent.
18.3 Specific Party – This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you have purchased a Product as a gift, the recipient of your gift will have the benefit of our warranty at clause , but we and you will not need their consent to cancel or make any changes to these Terms.
18.4 Severability – Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Waiver – If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Applicable law – If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of England, Wales or Northern Ireland you may also bring proceedings in England, Wales or Northern Ireland.
18.7 Applicable law – If you are a business, these Terms are governed by Scots law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.