Terms & Conditions

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference. By placing an order with Nimbusoft Store you agree to these terms.

  1. Format of the contract
    1. These terms of sale apply to all goods supplied by Nimbusoft Ltd trading as Nimbusoft Store, whose registered office is at Nimbusoft Ltd, Clavering House, Clavering Place, Newcastle upon Tyne, Tyne and Wear, NE1 3NG (the supplier).
    2. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
    3. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
    4. The contract is subject to your right of cancellation (see below).
    5. The Supplier may change these terms of sale without notice to you in relation to future sales.
    6. To order goods through the Nimbusoft Store website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
    7. Nimbusoft Ltd gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
    8. Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
    9. These terms and conditions are subject only to UK law.
  2. Description and price of the goods
    1. The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
    2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
    3. Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
    4. In addition to the price, you may be required to pay a delivery charge for the goods.
  3. Payment
    1. Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date, except where agreed otherwise by the Supplier and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
    2. There will be no delivery until cleared funds are received , except in the case of supplies of goods provided on credit terms.
    3. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
    4. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
  4. Delivery
    1. All of our computer systems are made to order, as such, please allow up to 14 working days for your order to be built and dispatched. (A working day is any day other than weekends and bank or other public holidays.)
    2. If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
    3. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
      • store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
      • sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
    4. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
    5. The Company will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
    6. The delivery address you provide to the Supplier upon placing your order is final, and the delivery address cannot be changed.
    7. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
    8. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
    9. Unless otherwise agreed the Company may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
    10. Delivery charges are calculated by weight and number of packages being sent. There will also be additional delivery charges for offshore destinations such as Ireland.
    11. Any refused deliveries will be returned to the supplier. Upon receipt of the goods with the supplier a refund will be issued minus 10% of the value of the order to cover administration costs.
  5. Risk/Title
    1. The goods are at your risk from the time of delivery.
    2. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
      • the goods, and all other sums which are or which become due to the Supplier from you on any account.
    3. The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
  6. Your right of cancellation
    1. Provided you are not a Business Customer, you have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
    2. To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or via this page, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
    3. Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, the Company will arrange for a courier to collect the goods from a location of your choosing and at your earliest convenience. You must take reasonable care to ensure the goods are not damaged in the meantime. In the case of faulty or misdescribed goods we shall, after receiving notification from the customer, the Company will arrange for a courier to collect the goods from the buyer.
    4. Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
    5. Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
    6. An order cancelled in transit will incur transit costs to return the goods at the expense of the customer.
    7. In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
  7. Warranty
    1. All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
    2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
    3. If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Supplier within 48 hours.
    4. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
    5. If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:
    6. A full Refund, If this is within 28 days. After this time a replacement product or credit note (to the value of the replacement) will be offered
    7. It is the responsibility of the buyer to return and collect goods to / from the Company’s premises. (See definition for The Company).
    8. Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.
  8. Limitation of Liability
    1. If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
      • there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
      • such loss or damage is not a reasonably foreseeable result of any such breach;
      • any increase in loss or damage resulting from breach by you of any term of this contract.
    2. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
    3. If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
  9. Returns Policy
    1. The goods cannot be returned unless an RMA number has been requested and obtained from the Company and the package clearly marked on the outside with this identification.
    2. It is the customer’s responsibility to take reasonable care of the goods whilst in their possession. If this condition is not met the Company reserves the right to make a reasonable charge for restocking and resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods. This provision is designed to ensure that returned goods can be sold again as new.
    3. Computer Systems built to the customer’s individual specifications are exempt from the right to cancel under the Distance Selling Regulations.
    4. If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
    5. Non-faulty items returned to our premises complete in the original packaging together with manuals within 7 working days of purchase may obtain a credit note. Goods must be sellable as new in order to qualify for a credit note. Outside of 7 working days, non faulty items will not be exchanged or a credit note offered under any circumstances. Full refunds will not be considered if the goods are damaged in any way and seals broken invalidating any warranty.
    6. Nimbusoft Ltd gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
    7. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
  10. Data Protection
    1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
  11. Images
    1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.