Terms & Conditions

Consumer Terms of Sale

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference

1. Format of the Contract

1.1	These terms of sale apply to all goods supplied by Cougar Extreme Limited, whose registered office is at Oxford House, 8 Church Street, Arnold, Nottingham, NG5 8FB registered in England and Wales No. 6416008 (the "Supplier").
1.2	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.
1.3	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.
1.4	The contract is subject to your right of cancellation (see below).
1.5	The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

2.1	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.
2.2	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.
2.3	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.
2.4	In addition to the price, you may be required to pay a delivery charge for the goods.

3. Payment

3.1	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 and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2	There will be no delivery until cleared funds are received.
3.3	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.

whilst every effort is made to ensure that you computer is built to the exact configuration you have chosen on our website, we reserve the right to alter a component if required to an equal or better equivalent in order to complete your computer build.

4. Delivery

4.1

The goods you order will be delivered to the cardholders address you give when you place your order, except that some deliveries are not made outside the United Kingdom.

4.2

Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)

4.3

If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.

4.4

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:

4.4.1	Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2	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.

4.5

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.

4.6

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.

4.7

Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

5. Risk/Title

5.1	The goods are at your risk from the time of delivery.
5.2	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: 5.2.1 the goods, and 5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3	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. Title for Business Customers

6.1

If you are a business customer until ownership of the goods has passed to you, you must:

6.1.1	store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2	Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3	hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

6.2

If you are a business customer your right to possession of the goods shall terminate immediately if:

6.2.1	you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2	you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3	you encumber or in any way charge any of the goods.

7. Your right of cancellation

7.1

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). This right may only be exercised if the packaging is not opened and the good are returned unused.

7.2

To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the email / contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.3

If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

7.4

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. In all cases, as per Distance Selling regulation we will deduct the delivery / carriage costs from the refund amount. You must return the goods to us at your own expense using an insured courier service. There will be a charge of £25, if you would like us to collect the goods via our own courier instead of sending the items yourself.. Such refund will be made after deducting reasonable costs for services rendered such as postage costs, credit card processing charges, and PC assembly costs (in the case of custom built computers).

7.5

Except in the case of faulty or mis-described 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.

7.6

You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. Custom PC systems that are built to customer specifications and the following cancellation charges apply:

Stage	Custom Build and built-to-order
Paperwork Stage (within 48 hours of placing the order)	higher of £25 or 5% of Invoice Value
Components Allocated and Build has commenced	higher of £50 or 10% of Invoice Value
Build has been completed	higher of £75 or 15% of Invoice Value
Item despatched, received and in use by customer	higher of £125 or 25% of Invoice Value

7.7

Once you confirm your order as correct a standard cancellation fee will be at the expense of the customer.

7.8

An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.

7.9

In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
7.10 Refunds

If the PC is found to be faulty within the first 30 days of receipt we must be notified in written form within 30 day of receipt to be eligible for a refund. Once the PC has been returned to base and the fault has been confirmed we will process refund ASAP and in any case within 30 days of cancellation. For a full refund to be processed the goods must be returned in their original condition, along with all CDs, manuals and packaging. If the PC is found not to be faulty or is outside the scope of our warranty, then you may be charged for collection and re-delivery or a cancellation charge may apply. For this reason, please make sure that the faults you have diagnosed are not due to incompatibility or software issues.

The "cooling off" period outlined in Distance Selling Regulations (DSR) state that a customer has the right to cancel the order without giving a reason up to 7 working days starting the day after delivery. The consumer has a duty of care for the products during the cancellation period and the products should be returned at the expense of the buyer. Any software delivered is excluded from the "cooling off" period.

Returned PCs must be securely packaged, preferably in their original box. In the event that a PC is returned in non-original packaging, we cannot be held responsible for the damage during transportation to our workshop and during transportation back to the customer, and a courier claim may be void.

8. Warranty

8.1	All goods (excluding TFT's - see 8.5 & 8.6 below) supplied by the Supplier are warranted free from defects for 12 months from the date of invoice. This warranty does not affect your statutory rights as a consumer. Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3 year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.
8.2	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.
8.3	If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 48 hours of delivery.
8.4	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 in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
8.5	All TFTS supplied by the Supplier are provided with a 12 month Return to Base Warranty from the date of invoice.
8.6	As with most online computer retailers, the above warranty excludes dead pixel issues so long as they fall within the level of Acceptable Defects as defined in ISO 13406-2. All TFT Monitors sold by the Supplier fit the ISO13406-2 Spec in Class II, which is the common class for consumer equipment. 8.7 If a computer has to be returned to us, please ensure that all data is backed up on the hard drive, because if a hard drive or configuration has to be changed, we cannot be held responsible for any losses of data, time or inconvenience caused. Should you take your computer system, monitor, keyboard or mouse, or any other peripheral to another computer company, repair company or computer technician and have them attempt to diagnose or repair a fault on the computer, you may VOID all warranties on the computer and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties. If you have any problems with your computer you must contact the seller for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure. 8.8. We offer a 1 month (1 calendar month) free collection and re-delivery service for computer systems and laptops only. Day 1 is the day you receive the item. Should your computer system develop a defect within the specified free collection period after the delivery date, we will collect the item from you, and repair or replace it with an item identical or of equal value as soon as practicably possible. A repair will be attempted before a replacement providing the repair will be to a satisfactory quality. After 30 days collections of computer systems requiring repair/service can be arranged by Cougar Extreme for a charge of £35.00 insured.

9. Limitation of Liability

9.1

Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:

9.1.1	There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2	Such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3	Any increase in loss or damage resulting from breach by you of any term of this contract.

9.2

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.

9.3

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.

10. Data Protection

10.1	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

11.1	Product images are for illustrative purposes only and may differ from the actual product.

12. Software

Software not owned by us is supplied subject to licence and warranty of the Software licensor. We enclose the Software licence that you require with the Product where necessary; you must comply with that licence.

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.

Cougar Extreme Limited