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Consumer Terms and Conditions
Every quotation, pro-forma invoice, price list or other similar document made or issued by CryoGaming ("the company") is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.
The Company means CryoGaming. The Customer, The Consumer, or You, means the account applicant or person who buys or agrees to buy goods from the company.
2. Online Ordering
To place orders on our online store you must be a UK registered card holder.
3. Age Restrictions
You agree to be of legal age to purchase and/or use any product that must adhere to official or recommended age ratings.
4. Acceptance of Orders
No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. The company at its absolute discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever.
5. Product Specifications
The company warrants that the goods will, at the time of delivery, correspond to the description given by the company. It is the responsibility of the consumer to check the compatibility and suitability of goods for any particular purpose before ordering. Before placing an order, should the customer require any assistance with the compatibility of parts, they may contact the sales department:By email at info@CryoGaming.co.uk.
The company hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
Payment will not be taken from the consumers Credit/Debit card until all goods ordered are in stock ready for despatch. The contract will be deemed as active once payment has been received by the company.
The consumer will be given an estimated date of dispatch when placing orders. If these dates are exceeded, the company will endeavor to keep the consumer informed of the delay and an expected new delivery date. For progress updates on phone or store orders, customers are welcome to contact our customer services team:
Customers ordering online should update their account(s), as online accounts are self-managed. Should you have any issues doing this, please feel free to contact customer services for assistance.
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the consumer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the consumer upon delivery of such goods to the consumer.
9. Cancelling an Order
9(a). Cancellation of Order – Prior to dispatch by the company
The consumer may cancel their order at any time prior to dispatch by contacting the customer services department. Please note, email contact is subject to potential delay(s) and for expediency, we recommend contacting us via phone.
9(b). Cancellation of Order– After dispatch
The Consumer Contracts Regulation allows for a cancellation period of fourteen (14) calendar days, from receipt of the goods by the consumer under the legislation. Consumers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption.
Video recordings, computer software unsealed by the consumer and processors/CPUs where packaging has been opened are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the consumer.
To cancel the contract under the terms of the Consumer Contracts Regulations, the consumer must, within fourteen (14) days of receipt of the goods, contact the customer services department.
The consumer will be required to return the goods to the company before a refund can be processed. The consumer will be issued a Product Return Number (RMA) number for use in returning the item. CryoGaming cannot be held responsible for any goods returned without first obtaining an RMA number. The goods remain the property of the consumer until received on premises at the company. Any delivery refunds will be at the most cost effective pricing for that item and will not cover enhanced delivery, additional or excess charges.
10. Ownership and Risk
The risk in the goods shall pass from the company to the consumer upon delivery of such goods to the consumer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the consumer until the company has received in cash or cleared funds, payment in full for all goods delivered to the consumer under this and all other contracts between the company and the consumer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the consumer under which the goods were delivered.
11. Damages, Shortages and Incorrect Goods
To expedite your redress, we recommend the consumer report any damage, shortage or incorrect goods to the company within seven (7) days of delivery.
Please note, email contact and post is subject to potential delay(s) and for expediency, we recommend contacting us via phone. Provided prompt notice of transit damage or loss is given and provided it is proved to the company's satisfaction that such damage occurred in transit in the UK but not otherwise, the company will refund, repair or replace such equipment free of charge to the consumer. If any goods appear visually or otherwise damaged at the point of delivery to the consumer, the consumer should either sign for the goods as damaged or unchecked, or reject the goods for return to the company/supplier by the courier. In either instance, the consumer should contact customer services as soon as possible, within the aforementioned seven (7) working day period. All products returned to us must be as complete, including accessories and original packaging as received.
12. Consumer Contracts Regulations
The terms and conditions of sale detailed below are provided for your information, in line with the Consumer Contracts Regulations. Full details can be found at: http://www.legislation.gov.uk/uksi/2013/3134/contents/made*
This legislation covers items bought where there is no direct contact between the supplier and the consumer, to give the consumer the same opportunity to view the goods as they would do in-store. It does not apply for goods purchased for business use, for showrooms, fair or exhibitions. Goods may be opened for visual inspection but must not be used and must be returnable with both the product and the original packaging in-tact and undamaged. Removal of protective coverings and other physical damage may result in rejection for replacement or refund.
The Consumer Contracts Regulation allows for a cancellation period of fourteen (14) calendar days, after the day of receipt of the goods by the consumer. Under the legislation consumers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings, computer software unsealed by the consumer and processors/CPUs where packaging has been opened are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the consumer. The goods remain the property of the consumer until received on premises at the company. Any delivery refunds will be at the most cost effective pricing for that item, and will not cover enhanced delivery additional or excess charges.
To cancel the contract under the terms of the Consumer Contracts Regulations, the consumer must contact the customer services department within fourteen (14) calendar days after the receipt of the goods by the consumer. The consumer will be required to return the goods to the company before a refund can be processed. The consumer will be issued a Product Return Number (RMA) number for use in returning the item. CryoGaming cannot be held responsible for any goods returned without first obtaining an RMA number.
13. Warranty Returns, Repairs and Replacements
All products are subject to individual manufacturer's warranty policies. If you wish to return any faulty item(s), you must first contact the customer services department to obtain a Product return Number (RMA).
The warranty is non-transferable. CryoGaming is not liable for any items returned without first obtaining a RMA number. Manufacturer warranties may exceed those offered by CryoGaming. You must use any manufacturer repair service or on-site arrangement provided. Any on-site arrangements apply to mainland UK only. The goods remain the property of the consumer until received on premises at the company.
Goods returned to the company as “faulty” will be assessed before any work is carried out for signs of transit or user damage. All returned goods are subject to a five (5) working day inspection/assessment period, which will begin at the point the goods are received by the company. Repair/replacement times can be approximately thirty (30) calendar days should a return to manufacturer become necessary. Physical/User damage is not covered by warranty nor any “Care Pack” extensions.
Approximately thirty (30) calendar days from the receipt of goods by the consumer, the consumer is entitled to a repair, replacement or refund of the goods which are faulty. After thirty (30) calendar days of receipt of the goods by the consumer, the consumer is entitled to a repair or replacement only. Any refunds offered after the thirty (30) day period may be proportionate.
Cryo Gaming branded computers are hand built from off-the- shelf and custom components, by our production lines. As the machines are made from these individual components, should one or more component(s) of the computer fail, those particular component(s) would be replaced. If we are unable to repair the computer by replacing these individual components, and it has been six (6) or more months since the date of purchase, a proportionate refund may be offered.
In rare instances where goods are neither repairable nor replaceable, a proportionate refund may be offered. All products returned to us must be as complete as possible, including accessories and original packaging where possible.
Return Postal Address Only:
34 Parkfield Crescent
13(a). Care Pack Information
For information on the features and exclusions involved with any “Care Pack”, please ask customer services
Customer Support Number: 07909916780
Due to the nature of the product, once opened, processors cannot be accepted for returns unless considered faulty. Installing an incompatible processor onto any motherboard may result in damage to it, and other system components, which is not covered by warranty. Any motherboard containing processor “pin” contacts or CPU/Processors which exhibit any deformation or “bent pins”, will not be covered by warranty. It is highly recommended that you confirm the compatibility of components before assembly. If you require assistance in making a purchase, you may contact our sales department:
Laptops/Notebooks are subject to the terms detailed in section 13(e). Any component(s) assessed as faulty, will be replaced. If we are unable to repair the laptop/notebook by replacing these individual components, and it has been six (6) or more months since the date of purchase, a proportionate refund may be offered. Due to the portable nature of these products, we would consider the life expectancy of a laptop to be three (3) years. Batteries as described in section 13(d) are excluded from this clause.
13(d). Batteries and Consumables
Batteries, including (but not limited to) laptop batteries and disposable batteries (as example), and items classed as consumables, including (but not limited to) printers and inclusive ink/toner cartridges and CD/DVD writing pens (as example), are covered by a 1-year warranty only. Any “Care Pack” or warranty extension(s) will not apply to items classed as a battery or consumable. “Battery” will be defined as a device that is placed inside or connected to a device (such as a laptop or remote control) to supply it with electricity. “Consumable” will be defined as a product which is liable to deplete or be used up during use.
13(e). Visual Display Unit (VDU) Pixel Policy
Due to the nature of the product(s), “dead” or “stuck” pixels may occur on visual display devices (VDU) on initial use, or later in the lifetime of the product. Cryo Gaming pixel policy will be in line with the individual/specific manufacturer’s pixel policy for the associated product(s). Products which do not meet the manufacturer’s pixel policy definition of “faulty” and/or do not exhibit the numbered amount of “dead/stuck” pixels as stated in aforementioned policy, will not be deemed faulty. Examples of VDU’s include (but are not limited to) monitors, laptop screens and tablets.
13(f). Burden of Proof
On the date where receipt of the goods by the consumer occurs and up to six (6) calendar months in addition, the burden of proof for faulty goods lies with the company. Once six (6) calendar months have expired from the receipt of goods by the consumer, the burden of proof for faulty goods will transfer to the consumer. It will be the responsibility of the consumer to prove the goods were received in a faulty state by whatever means the consumer deems submissible as evidence.
13(g). Loss of Earnings
The company will not be held liable for any loss of earnings incurred by the consumer during the repair or replacement period. Repair/replacement times can be approximately thirty (30) calendar days if a return to manufacturer becomes necessary. It is the consumer’s responsibility to ensure adequate contingencies are in place before returning a product, so that loss of earnings is minimised. Cryo Gaming do not employ a loan policy.
14. Data Loss
There is the possibility of data loss during testing/repair. Before returning any item capable of storing data (including PCs & notebooks) please ensure that all data stored on it is backed up.
It is solely the customer’s responsibility to back up their data.
15. Downgrade Rights
Cryo Gaming do not offer support for downgrade rights for any software, including Microsoft Windows and Office products. Ensuring compatibility, performing the downgrade and activating the software will be the sole responsibility of the consumer.
16. Operating Systems Support and Compatibility
Cryo Gaming will only guarantee Operating System (OS) support and drivers for the OS listed as compliant at the time of purchase. If the consumer intends to install the OS themselves or install any other version of OS (including future or non-Microsoft OS) it is the consumer’s responsibility to confirm compatibility before doing so. In addition, Cryo Gaming do not provide technical support or drivers for any non-Microsoft OS.
17. Product Misuse
Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such equipment and investigating the causes of the malfunction shall be payable to the company.
18. Force Majeure
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, spaghetti monsters, ghosts, aliens, giant robots, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the companies’ reasonable control. This does not affect your statutory rights. If the company choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages.
20. Consumer Rights and Contract Regulations
Your consumer rights when ordering are in line with the Consumer Rights Act (2015) and the Consumer Contracts Regulations (2013). The documentation can be located at the following
Consumer Rights Act (2015): http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted*
Consumer Contracts Regulations (2013): http://www.legislation.gov.uk/uksi/2013/3134/contents/made*
Your consumer rights as outlined at the above links are in addition to your rights under
applicable EU legislation. EU legislation(s) can be located here: http://europa.eu/*.
*Cryo Gaming is not responsible for the content contained at the address(es) provided or any issue(s) arising from their use. External links provided are to be used at consumer discretion.
Business Terms and Conditions
“The Buyer” means the account applicant or person who buys or agrees to buy goods from the seller. “The seller” means Cryo Gaming. “Conditions” means the conditions of sale set out in this document and any special conditions agreed in writing by the seller. “Goods” means any goods or services offered for sale by the Seller from time to time.
These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by theseller.
No contract for the sale of goods shall arise until the seller despatches the goods to the buyer or the buyer notifies the seller in writing of its acceptance of the seller's quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the buyer's acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
The price shall be that on the seller's current list price (or if applicable, the price contained in the seller's quotation).
The seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the buyer must be informed prior to despatch and have the option to cancel the order. If the buyer cancels the order due to price revision any money they have paid will be refunded in full.
All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition.
In the case of consumer sales, payment must be made in full before despatch of any goods.
In the case of other sales, payment is due in full on the terms of credit agreed which shall not
be more than thirty (30) days from the date of invoice. Time for payment shall be of the
essence and any failure to pay shall entitle the seller at its option to treat the contract as repudiated by the buyer or to delay delivery until paid (in addition to any other remedy).
If any act or proceedings shall be commenced in which the buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
4. Warranty and Liability
The seller warrants that the goods will be at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) 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 and the buyer warrants that the buyer is satisfied as to the suitability of the goods for the buyer's purpose. The warranty is non-transferable.
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the seller fail to deliver goods on an agreed delivery date the buyer shall have the right to cancel the order and receive a full refund of any monies paid to the seller.
Failure by the buyer to pay for any instalment or delivery when due shall entitle the seller to withhold further deliveries and the buyer shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
Delivery of the goods shall be made to buyer's address and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6. Ownership and Risk
The risk in goods shall pass to the buyer when either the buyer receives the goods or a contract is made but the goods are kept at the seller's premises at the buyer's request.
The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
If any payment due under these conditions is overdue in whole or in part, the seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the buyer shall be liable for all the seller's costs of so doing.
If the buyer is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the buyer must promptly give notice of rejection to the seller and make the goods available for collection by the seller.
In the case of any other sale the buyer shall inspect the goods immediately upon delivery and shall notify the seller within five days of delivery if the goods are damaged or do not comply with the contract. If the buyer fails to do this, he is deemed to have accepted the goods.
Any goods in respect of which any claim or defect or damage is made shall be preserved by the buyer intact together with the original packing at the buyer's risk and either: Retained by the buyer for a reasonable period to enable the seller or its agent to inspect or collect the goods or At the seller's option returned by the buyer to the seller who will refund the cost of postage and packing to the buyer if the goods are in fact defective.
7. Cancellation Returns
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then: A goods return number obtained from the seller must be clearly shown on the returned parcels.
The goods are to remain at the buyer's risk in all respects until received by the seller. The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the buyer or through the buyer's fault.
The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
8. Force Majeure
The seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller's control. These events include of god, spaghetti monsters, ghosts, aliens, giant robots, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the companies’ reasonable control, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
9. No waiver
The seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the buyer in performance of compliance with any of these conditions.
Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these conditions by the seller the remedies of the buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions shall be construed in accordance with English law.
These conditions do not affect your statutory rights.