1. Terms and Conditions

These are the terms and conditions of our agreement which apply to all purchases of products by customers via the syxthsense.com web site and you should read them carefully. We reserve the right to vary these terms and conditions from time to time and therefore it is your responsibility to check them before you make a new purchase. Changes will apply to any subsequent orders received.

We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.

Any standard terms which appear on your orders or your other documentation or communications shall not apply to, modify or supersede our terms and condition of sale to you.
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).

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 based on any statement in this agreement.

2. Order

You can submit an order for products to syxthsense.com by completing the details required on the order page and clicking the place order button. All prices are reflected in £UK Sterling and exclude VAT (unless otherwise stated). Delivery is charged as described in the shipping page. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/ debit card payment is approved by your credit card/ debit card company.

For all customers in the UK and other European Union countries - VAT is charged at the current rate unless valid VAT Exemption documentation has been provided. Documentation is enclosed with the goods to confirm that VAT has been charged.

Our VAT registration number is GB 812 4525 55.

What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

3. Acceptance of Order

We will notify you of our acceptance of your order by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions.

If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order and we will refund the original sum amount. Credit and debit cards are acceptable as payment for orders via this website. We do not accept payment over the phone or by cheque.

4. Delivery

We make every effort to deliver all products within the United Kingdom within 10 days of acceptance of your order. Where this is not possible, we will notify you.

All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately.

All deliveries must be signed for. This may affect minimum shipping costs.

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.

Commercial customers will be responsible for the goods as soon as they are passed to the courier/agent/customers representative.

For domestic purchases ownership of the goods shall pass to you once you have received the goods. If we cannot deliver the goods to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the goods. If you wish us to redeliver the goods to you, you will need to authorise us to charge your credit card/ debit card for such re-delivery. If we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any delivery charges we have incurred.

Reasons we may suspend the supply of products to you.

We may have to suspend the supply of a product to:
(a)deal with technical problems or make minor technical changes;
(b)update the product to reflect changes in relevant laws and regulatory requirements;
(c)make changes to the product as requested by you or notified by us to you.

Your rights if we suspend the supply of products.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than one month we may adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

We may also suspend supply of the products if you do not pay.

If you do not pay us for the products when you are supposed to and you still do not make payment within five days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.

5. Prices and Payment

Whilst we endeavour to ensure the prices on our website are as accurate as possible, we reserve the right to change a price in exceptional circumstances. If a price is corrected due to exceptional circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order. If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer to process the order at cost price or the opportunity for the customer to cancel the order.

Prices on orders for out-of-stock or pre-release items are valid for one week after the order is placed. If the price changes when stock becomes available customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.

We will charge your account for payment at the time when the order is placed when credit/debit cards are used. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to the same credit card/ debit card account.
Accepted methods of Payment for online Transactions:

Debit Card by Online Payment Only

Credit Card by Online Payment Only (Charges may apply)

Paypal

6. Your Rights to Make Changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

If you wish to make a change, please telephone our Customer Service Centre on 0844 840 3100 or write to our Customer Service Centre at Unit 3 Topsham Units Dart Business Park Topsham Exeter EX3 0QH. Any products returned must be received by us in the same condition and, to the extent possible, in the same packaging as when we delivered them to you, we will reserve the right to charge up to 25% re-stocking fee. If any returned goods (where they are not faulty) contain software that has been opened a 25% restocking fee will apply.

7. Warranties

The products which are sold via this web site have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the United Kingdom. The majority of products will be covered for a period of 12 months from delivery, from defects in materials and workmanship.

A RMA must be completed and the defective items returned to SyxthSense.
http://www.syxthsense.com/RMA/RMA_create.php


If replacement items are required during an RMA investigation a new order must be made by the customer. On receipt of the RMA item we will investigate. We will replace products (or, where relevant, the faulty part) free of charge or, refund to you the price of the products by way of credit to your credit card or debit card account. This only applies if the instructions governing the use of the products have been followed. We will not have any further liability in respect of the products. This does not affect your statutory rights as a consumer. Items found not to be covered under the warranty policy will be returned to the customer.

8. Emails

All emails to you will be forwarded to the address you specify to us. It is important that you provide an accurate and valid email address otherwise we will be unable to accept your order. You must also ensure that if this address changes between submitting your order and delivery of the products by us to you, you advise us of the new address. We will not be responsible for failure to perform under this agreement where such failure is attributable to a change of address.

9. Complaints


If you have any complaints or comments about our web site or any of the products or services supplied or provided to you, please contact us on 0844 840 3100 or by writing to us at SyxthSense Unit 3 Topsham Units Dart Business Park Topsham Exeter EX3 0QH.

10.Product Descriptions, Product Features and Packaging


To the best of our knowledge and belief, the product descriptions on the site are accurate and up-to-date, but we are continually working to improve our products and so specifications or design changes may be made from time to time which have not been reflected on the site. We include images of products on our site to help you with your selection. However, slight variations, for example, in colour, should be expected. All measurements and weights are approximate.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

11.Online Sales to Consumers and Business Customers

Your rights in respect of defective products if you are a consumer.

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Customer Service Centre on 0844 840 3100 or write to our Customer Service Centre at Unit 3 Topsham Units Dart Business Park Topsham Exeter EX3 0QH.

If you are a business customer for most of our products we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period),] any products which are goods 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;
(c)be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d)be fit for any purpose held out by us.

Subject to the above, if:
(a)you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out above;
(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.
We will not be liable for a product's failure to comply with the warranty above if:
(a)you make any further use of such product after giving a notice;
(b)the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c)the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d)you alter or repair the product without our written consent; or
(e)the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Except as provided in this agreement., we shall have no liability to you in respect of a product's failure to comply with the warranty set out above.

If you are a business or if the goods are used wholly or in part for business purposes, we shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for death or personal injury. If you have a credit account please refer to our Trade Account terms and Conditions.

11.1 Business Customers Risk and Delivery

For Business Customers the risk passes with delivery to the courier Goods to be delivered by SyxthSense to the buyer when the seller hands them to an independent carrier. The risk would also pass to the buyer at that point. The buyer would have to pay the seller the full price for any goods damaged or lost on the journey, and claim the loss back from the carrier. It is always recommended that insurance is taken out at the time of ordering.

12. Online Sales to Consumers

It will be a consumer transaction if you are ordering goods as an individual acting for purposes wholly or mainly outside your trade, business, craft or profession.

12.1 Consumer Customer Risk and delivery

The risk passes to the consumer when the consumer (or someone identified by the consumer) takes physical possession of the goods. However, there's an exception to this rule if the consumer has specifically asked us to use a carrier that SyxthSense wouldn't normally use. The risk would then pass to the consumer when SyxthSense gives the goods to the nominated carrier.

13. Liability

We will not be liable to you for any breach of our agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights. If we choose not to enforce a right under our agreement, that decision will not prevent us from enforcing other rights, or the same right on a later occasion. Our agreement will be governed by English law and any disputes will be resolved non-exclusively by English Courts.

14. Technical Features

Technical features of products are subject to enhancement, change, or removal without notice. Products sold will always be at the latest version unless by prior agreement. Some products may be updated by the customer to obtain new features. It remains the installers responsibility to evaluate and ensure their applications are functioning as expected and satisfy the requirements every time a product is installed or modified.


Our responsibility for loss or damage suffered by you if you are a consumer.


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.

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 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

We are not liable for business losses. If you are a consumer we only supply the products for 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 below.

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.

Exclusions and limits of liability
(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 sums paid by you for products under a single order under this agreement.


15. Privacy

We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in the UK. Please read our privacy statement:
http://www.syxthsense.com/privacy

How we will use your personal information. We will use the personal information you provide to us:
(a)to supply the products to you;
(b)to process your payment for the products; and
(c)if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to third parties where the law either requires or allows us to do so.

15. Trading Name

syxthsense.com is the trading name for SyxthSense Limited.

The SyxthSense website is operated by:

SyxthSense Ltd
Unit 3 Topsham Units
Dart Business Park
Topsham
Exeter
EX3 0QH
United Kingdom

Registered Company Number 4657762.
VAT Number UK 812 4525 55.

We recommend you print out a copy of these terms and conditions for your future reference.