Terms and Conditions

 

MAKING A PURCHASE

Making a purchase could not be easier. Just browse our Catalogue, and click on any items that you wish to buy and put them into the "Shopping cart". After you have finished your selection, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order, Including delivery and payments options. We accept Visa, Debit, Mastercard, Maestro & Amex for online payments. Click here for more Information.

You may also pay with a Cheque, BACS, Card (over the phone) or Fax.

Please note: There may be a service charge when paying with Amex (American Express)

If you are shopping outside the UK, place your order and call us directly on + 44 (0) 345-899 5010

 
GENERAL

The Seller is KVM Choice Ltd, 5 The Square, Bagshot, Surrey GU19 5AX. The Buyer is any person or company who buys or has agreed to buy Goods from the Seller. Goods means any goods provided by the Seller (or any instalment of the goods or parts) in accordance with the Seller's standard Terms & Conditions of Sale. Conditions means the Standard Terms and Conditions of sale set out in this document. These Terms & Conditions of Sate supersede any previous Terms & Conditions of Sate of the Seller. Any variations of these Terms & Conditions must be confirmed in writing by the Seller and will not otherwise be valid. Any waiver by the Seller of these Terms & Conditions of Sale on any occasion shall merely act as a waiver on that occasion, and shall not affect the Seller's right to enforce these Terms & Conditions on any further occasion, no Terms & Conditions stipulated by the Buyer shall have effect unless otherwise agreed in writing from the Seller. 


PRICES

Unless otherwise stated any prices quoted by the Seller are
(i) Exclusive of value added tax and any other taxes and duties.
(ii) Exclusive of carriage, packaging and insurance,
(iii) Exclusive of any release certificates, The Seller shall charge extra in respect of these items, Prices to the Buyer are subject to change without notice after the date of the Seller's acceptance' of the Buyer's order where the Seller has incurred increased costs due to currency exchange rate change, Import duty change, Increased freight charges. Increased prices from supplier or surcharges, Where agreed call-off are not adhered to, the Seller reserves the right to amend the price structure In accordance with quantities delivered. In any event the Seller retains the right to invoice at the price ruling at the time of delivery, The Seller reserves the right to amend prices to correct errors or omissions.
(iv) All prices quoted are on an ex works basis and valid for no more than 28 days, however the seller still reserves the right to give notice to the buyer and amend prices at any time before delivery.

PAYMENT

Strictly net cash with order via, bacs payment or credit/ debit card unless a credit account has been established with KVM Choice Ltd. Online payments can be made via credit/debit card with full card information required by the payment system SagePay of the card holder, however PayPoint and epay method type card cannot be used for these card holder not present transactions. Credit account payments must in any case be made no later than thirty days from the relevant invoice, Where payment is not made in accordance with the terms above, the Buyer shall pay interest on any amount calculated at 8% above HSBC Bank PLC's base rate for the time being in force calculated on a daily basis. The Seller reserves the right to suspend deliveries where payment is not received in accordance with these Terms & Conditions of Sale, The Seller reserves the right at the Seller's complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established, and to withdraw credit account facilities, Without prejudice to the Seller's other rights. A minimum charge of ten pounds will be levied on all returned cheques.

DELIVERY

All despatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every endeavour will be made to comply with these dates, the Seller shall have no liability whatsoever for delay in despatch or delivery, or for any loss occasioned thereby. Late delivery does not entitle the Buyer to cancel the order, Any shortages and/or damages in delivery must be notified in writing to the Seller within two days of receipt. Standard Cabinet delivery is free of charge for most of the UK mainland only (special projects not applicable), special areas include the highlands as delivery is 2 day minimum service. 

 

RISK

(a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery of the Goods.
(b) Delivery of the Goods shall be deemed to take place at the time the same are posted by KVM Choice Ltd in a package addressed to the Buyer, placed in the hands of any delivery agent or service or, if the Buyer collects the goods, when KVM Choice Ltd notifies the Buyer goods are available for collection.

International Delivery from KVM Choice Ltd UK: on all international deliveries outside of the UK the consignee will be responsible for any additional export or import costs into that or any Country if applicable: customs clearance / duties, fees and taxes of any kind. KVM Choice will not be responsible for any products or delivery delayed, held or seized by foreign Customs or authorities.

 

OWNERSHIP

At the Seller's discretion, ownership of the Goods may not pass from the Seller to the Buyer until the Buyer has made a payment in full thereof (and any other monies owing to the Seller). If payment is not made in accordance with these Terms & Conditions of Sale, the Seller shall have the right (without prejudice to the obligation of the Buyer to purchase the Goods, and to any other remedy that may be available to the Seller) to retake possession of Goods not fully paid for, and to go upon any premises occupied by the Buyer.

WARRANTY

Unless otherwise stated, if any Goods being hardware are or become faulty or defective by reason only of use of defective materials or workmanship within a period of one year from the date of delivery. Some manufactufacturer products may have a longer 2 Year warranty or additional warranty can be purchased at time of order but this will be the case only if stated on the product specification. The Seller will at the Seller's option either refund the price of such Goods or replace or repair such Goods provided that the Buyer shall have notified the Seller of the fault or defect in the Goods, and shall have returned the faulty or defective Goods to the Seller, Other than set out in this Condition all warranties, conditions or other terms expressed or implied, statutory or otherwise, are excluded. Subject to the aforesaid the Seller shall be under no liability in contract or tort for any loss, damage, death or injury arising directly or indirectly out of the supply use or misuse of the Goods, to the Buyer or any third party.

ORDERS & SPECIFICATIONS

No order submitted by the buyer shall be deemed to be accepted by the seller unless and until confirmed by the sellers authorised representative. Every effort is made to confirm the specification of products on our website as clear and correct, however in case of any description or specification doubt or errors we also recommend that the manufacturer's latest published website specification is also checked for important specific points encase of product changes, modifications, or additional information, in such case we cannot be held responsible.
The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the buyer and for giving the seller any necessary information relating to the goods within a sufficient time to enable the seller to perform the contract in accordance with those terms. The quality, description and quantity of and any specification for the goods shall be those set out in the sellers quotation (if acceptable by the buyer) or the buyers order (if accepted by the seller). Where cable lengths are mentioned or worked to they are to a tolerance of +/- 10 % as is believed the industry standard for cable suppliers unless otherwise agreed to any other tolerance or specification. For any goods manufactured or any works carried out, the buyer shall indemnify the seller against all claims, loss, damages and expenses incurred or for any infringement of patent, copyright, design, trademark or other intellectual property rights for which the seller may become liable by following the requirements or specification supplied. The seller reserves the right to make any changes to the specification for goods, which are required to conform to, any statutory or safety requirements.

INSOLVENCY

This clause applies if: - the buyer makes any arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrance takes possession, or a receiver is appointed for any of the property or assets of the buyer, or the buyer ceases, threatens to cease, to carry on business, or the buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly. If any of the above applies then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the buyer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary

FORCE MAJEURE

KVM Choice Ltd will not be liable to the Buyer or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond KVM Choice Ltd 's reasonable control including without limitation lack of adequate instructions from the Buyer, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slowdowns, boycotts or other industrial action and in such case may wholly or partially suspend shipment of Goods.

WAIVER

The failure on the part of KVM Choice Ltd to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

SEVERABILITY

The invalidity of the whole or any part of any of these Terms & Conditions shall not affect the validity of the remaining part of the particular Term or Condition or the provisions of these Terms & Conditions.

 

BUSINESS CANCELLATIONS, RE-SCHEDULES & RETURNS

 Business Procedures (Not applicable to Consumer customers

Requests to cancel or re-schedule orders must be made in writing to the Seller. The Seller is under no obligation to accept such cancellations or re-schedules. Without prejudice, the Seller reserves the right to make a charge on the Buyer to recover costs upto 100% including loss of profit upto 100% incurred by the Seller due to such a cancellation or re-schedule. In addition in the event the seller is unable to cancel delivery from their supplier to charge upto 100% of those goods or services to the buyer including manufacturing, labour and or material costs. Particularly such goods cannot be cancelled or returned if in process to be specially made up to the customer's specifications in any way, or a BTO "built to order"  products. In the event of a partial cancellation of any order KVM Choice Ltd. reserve the right to change / increase pricing on the remaining or other items. Goods cannot be returned for credit for any reason after 30 days from date of invoice.  Returns are not accepted without an authorised returns RMA number, returns request form available upon request. Restocking charges may be applicable.

Any return number issued is only valid for 30 days after which time goods cannot be returned with that number.

Any authorised goods returned for credit for any reason will be subject to a minimum admin charge of £10.00 this is to cover the built in service and delivery charges within the products published net. purchase price. Faulty items returned for repair or replacement will be unaffected by this as no fund credit would be required. 

Goods are to be returned at the consumers cost and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product, In transportation this method must also obtain a signature on delivery. Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of KVM Choice at our named official address.

 

CONSUMER CANCELLATIONS, RE-SCHEDULES & RETURNS

Consumer Procedures: (Not applicable to Business customers see business procedures)
In the case of goods and distance selling rules: Consumers buying online,mail or phone can cancel within 14 working days from after the day in which they receive the goods.Goods must be returned within 14 days of this request then a return number will be supplied. This includes goods that are not faulty or damaged in any way. These goods and the packaging must be in undamaged and unused re-saleable condition so that a full refund of the product items original, product purchase price can be made. This is provided that the goods were not specially made up to the customer's specifications in any way, or a BTO "built to order product". Credit card payment credit charges may still be payable depending on the time of refund and service delivery costs.

Goods cannot be returned for credit for any reason after 30 days from date of invoice.

Any authorised goods returned later than the 14 days for credit for any reason with no fault or ordered in error may be subject to a minimum admin charge of £ 10.00 or 10% whichever is the greater this is to cover the built in service supply charges within the products published net. purchase price. We strongly recommend discussion with our technical or sales staff if you are in any doubt regarding the capability of any product before selecting an item. Faulty items returned for repair or replacement will be unaffected by this as no fund credit would be required. If the goods are not returnable the manufacturer warranty will apply.

Before returning any goods an official RMA Number must be obtained from KVM Choice Ltd. This will allow us to deal with your return more efficiently and obviously identify your goods on arrival to our warehouse.
Please contact us either by telephone Tel: + 44 (0)345 899 5010 or email info@kvmchoice.com for any assistance. UK customer services and support Tel: 01252 343176. Goods are to be returned at the consumer's cost and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product in transportation, this service must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of KVM Choice at our named official address.

FAULTY / DAMAGED GOODS.

If any goods are found to be damaged on delivery or appear to be faulty please contact us immediately before returning anything. Telephone Tel: + 44 (0)345 899 5010 or email info@kvmchoice.com. We cannot except liability for goods signed for as good condition, so if in doubt please write unchecked or damanged box if you receive a package which is not perfect. Any damaged delivery or product must be reported within 48 hours to us. We can than provide a return RMA Number and record the fault, but sometimes identify the problem if you are in any doubt about the product. 

Goods are to be returned by the customer and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product, In transportation this method must also obtain a signature on delivery. Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of KVM Choice at our named official address.

 

ADDRESS FOR RETURNS - provided on return form 
Contact us to receive your RMA number, only when provided and send the goods clearly marked with this number to the correct KVM Choice Ltd Warehouse address as specified on the returns documentation provided.

TAX CHARGES

For orders made within the UK, 20 % VAT is added. All other orders should be made by contacting us directly.

CREDIT CARD SECURITY

Credit card numbers are not held on this website or our sister site (www.kvmchoice.com & www.pduchoice.com). A credit card number will be requested only when within the secure (SSL) area of our Payment Service Provider Sage Pay. For more information on site security click here.

GUARANTEE

We guarantee complete satisfaction to consumers. All of our products bought online come with a 7-day no quibble guarantee to consumers. Please refer to Business Cancellations, Re-schedules & Returns or Consumer Cancellations, Re-schedules & Returns above.

 

PRIVACY POLICY

GDPR General Data Protection Regulation GDPR is the General Data Protection Regulation. This is a regulation by which the European Commission intends to improve and unify data protection for individuals within the European Union (EU). It also addresses export of personal data outside the EU. This now comes into force on Friday 25th May 2018. After reviewing this regulation, we believe this is generally very similar to the existing data protection law of the UK. The main purpose of the legislation is to regulate businesses selling to consumers and not generally business to business activity. The GDPR gives you the control over how or if we contact you. By agreeing to our terms and conditions you agree to us being able to contact you to service your order and contact you in the future. We keep limited contact information such as name address, telephone and email address with details of goods purchased. For warranty and product support it is required to hold some order data information. We may contact you with relevant product or service information including special offers however if you do not wish to be contacted for this purpose we can remove your details from marketing.

KVM Choice do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item. Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes

 
THE LAW

This contract shall be governed by English Law and the English courts shall have jurisdiction in relation thereto.