1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you that you have bought via our website at www.geo-computers.com. If you are a consumer, they should be read together with our Returns Policy, which forms part of these terms. You can find the Returns Policy here.
1.2 We may update these terms from time to time. We may update these terms from time to time. The terms that apply to your order are those in force at the time the contract between us is concluded, as set out in clause 3.1.
1.3 Why you should read them. Please read these terms and (if you are a consumer) the Returns policy carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
We have made it clear in these terms when particular provisions only apply to consumers, and when they only apply to businesses.
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Tactus Limited trading as Geo®, a company registered in England and Wales. Our company registration number is 07042860 and our registered office is at Building One, Olympic Way, Olympic Park, Warrington, Cheshire, WA2 0YL. Our registered VAT number is 982596856.
2.2 How to contact us. For information on how to contact us, please see our Help Centre.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. When you place an order, you are offering to buy the product(s) from us and we will send you an order acknowledgement detailing the products you have ordered. Please note that this email is not an order confirmation or acceptance. Acceptance of your order and completion of the contract between us will take place when we have sent you a confirmation that your product(s) have been despatched, unless we have let you know that we cannot accept your order or you have cancelled it.
3.2 If the products ordered are not available. If the products you have ordered are not available, we will contact you to let you know. You will have the option to choose an alternative product, wait until the product is in stock or cancel your order.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display products accurately, your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. Any delivery date shown on our website is an estimated date only. Delivery dates are not guaranteed and should not be treated as such. If you selected a delivery option for which we provided a guaranteed delivery date and we do not make a delivery attempt by the guaranteed delivery date shown on the checkout page at the time of purchase, you are entitled to a refund of any delivery fees. You will not be eligible for a refund if your selected payment method was not successfully charged or the delivery address was changed after the order is placed.
5.3 Where we will deliver the products. If payment is made by a credit or debit card, we reserve the right to only deliver to the statement/billing address of the cardholder and not to any alternative address. If you choose to pay by PayPal, we reserve the right to refuse to deliver to an address that has not been confirmed by PayPal as valid and correct. This is to minimise our exposure to fraud.
5.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, including any delivery charge.
5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply.
5.7 If a product is delivered to you in error. If a product is delivered to you in error and is not what you ordered, please contact the Help Centre who will arrange for collection, and for the correct product to be delivered (if applicable).
5.8 If you are a consumer and the product delivered to you is faulty or misdescribed. We are under a legal duty to supply products that are in conformity with this contract. All products are guaranteed against defects for a minimum period of 12 months from the date of purchase. The exact duration of our guarantee will depend on the product that you have bought. If a product delivered is faulty or misdescribed, please see our Returns Policy for further information on how to return it.
5.9 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
5.10 When you own the products. You own a product once it has been despatched.
5.11 Suitability of products. You are responsible for your own choice of product and its suitability for any particular purpose, including its compatibility with any other items.
6. Your rights to end the contract
6.1 When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back). If you are a consumer, please see our Returns Policy for more information. If you are a business customer, please see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you are a consumer and have just changed your mind about the product. For most products, you may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the product. Please see our Returns Policy for more information.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7. Our rights to end the contract
7.1 We may end the contract if you break it. If we are supplying you with a product for which you do not have a right to change your mind, we may end the contract for the product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
7.2 You must compensate us if you break the contract. If we end the contract as set out in clause 7.1 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
8. If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact the Help Centre.
8.2 Your rights in respect of defective products if you are a consumer: please see our Returns Policy for more information.
9. Your rights in respect of defective products if you are a business
9.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of purchase (warranty period), the products shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
9.2 The warranty set out in clause 9.1(b) above is subject to our Warranty Terms. It is for a minimum period of 12 months from the date of purchase. The exact duration of the warranty differs for different products and is set out in the product specification.
9.3 Subject to clause 9.4, if:
(a) you give us notice during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. Please let us know about any problem with your product by contacting the Help Centre.
9.4 Except as provided in this clause 9, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 9.1.
9.5 These terms shall apply to any repaired or replacement products supplied by us under clause 9.3.
10. Price and payment
10.1 Where to find the price for the product. The price of the product will be the price indicated on the order page when you placed your order. Prices shown are inclusive of VAT, which we charge on all applicable products. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before dispatch so if we become aware that a product has been incorrectly priced, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the product, you will receive a full refund, including any delivery charges. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid (including any delivery charges) and require the return of any goods provided to you at our cost.
10.4 When you must pay and how you must pay. We accept payment by PayPal or by credit and debit card via PayPal. You must pay for the products before we dispatch them. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
11. Our responsibility for loss or damage suffered by you if you are a consumer
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Subject to clause 9.2 below, our total liability (whether in contract, tort or otherwise) for foreseeable loss or damage caused by us is limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987).
11.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.4 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
11.5 This clause 11 does not affect your legal rights as a consumer.
12. Our responsibility for loss or damage suffered by you if you are a business
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Except to the extent expressly stated in clause 9, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.3 Subject to clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for products under such contract.
13. How we may use your personal information
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at 5.8 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 11.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.