Website Use Terms & Conditions
1. Availability and Condition of Use
The Site is made available to you by Toshiba Information Systems (UK) Limited ("Toshiba"). Whilst Toshiba makes every effort to ensure that the Site is available, Toshiba does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Further Toshiba reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion. If a fault occurs, please report it to our Customer Services teams. For computing products please contact 0870 444 8944 or by email at email@example.com
For consumer products please contact 08704 424 424 or by email at firstname.lastname@example.org.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful under applicable law, prohibited by these terms and conditions or to defame, disparage any body or in a manner which is obscene, derogatory or offensive. You may not use the Site to interfere with or disrupt any network or website connected to the Site, interfere with the enjoyment of use of the Site by any other person and/or gain unauthorised access to other computer systems.
You are responsible for ensuring that your use of the Site is consistent with all applicable laws and regulation. Toshiba reserves the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2. Ownership, Use and Intellectual Property Rights
This Site and all content within the Site is owned and operated by Toshiba and/or its licensors. Toshiba and its licensors reserves all their rights.
The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell the whole or part of any information or content obtained from the Site without Toshiba's prior written authorisation. Provided that you retain all and any copyright and proprietary notices, you may:
a. retrieve and display the content of the Site on a computer screen;
b. store it in electronic form for your own personal non-commercial use (except that you may not store it on any server or other storage device connected to a network);
c. print copies of the content for your own personal non-commercial use.
Any intellectual property rights (including without limitation all patents, copyright, database rights and trade marks (whether registered or unregistered) subsisting in any content or material on the Site belong to Toshiba and/or its licensors. All rights are reserved for the benefit of Toshiba and/or its licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
© 2006 Toshiba. Toshiba, Satellite Pro, Satellite, Equium, Tecra and Portégé are trade marks of Toshiba Corporation. Intel, Pentium and Celeron are trade marks of Intel Corporation. Microsoft, Windows and Windows NT are trade marks of Microsoft Corporation. Other trade marks and trade names may be used on the Site. Toshiba disclaims proprietary interest in the trade marks and trade names of others. The use or misuse of these trade marks or any other content on the Site except as provided in these terms and conditions or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use a Toshiba trade mark without Toshiba’s prior written permission.
Any software that is made available for downloading from the Site is the copyright work of Toshiba and/or its licensors.
You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies or is included with the software. You are authorised and will not be able to install any software unless you agree to be bound by the end user licence agreement.
The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of software not in accordance with the end user licence agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the terms of the end user licence agreement.
Toshiba appreciates hearing from our customers and welcomes your comments regarding Toshiba’s products, including its on line services. Toshiba company policy does not encourage you to send to Toshiba any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as "Unwanted Submissions"). While Toshiba values your feedback on its services and products, Toshiba request that you be specific in your comments on those services and products, and not submit any Unwanted Submissions.
Notwithstanding the foregoing, any submissions (including Unwanted Submissions) made to Toshiba shall be deemed to be Toshiba’s property. Toshiba shall not be subject to any obligation of confidentiality in relation to such submissions and shall not be liable for any use and/or disclosure of such submissions. Toshiba shall be entitled to utilise such submissions in any manner it sees fit.
5. Posting of Information
While Toshiba uses reasonable efforts to include accurate and up-to-date information on the Site, Toshiba does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on this Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
Content on the Site is provided for your general information purposes only and to inform you about Toshiba and its products and news, features, products, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
Part of the Site may contain advertising provided by third parties. You agree that we will not be responsible for ensuring that such material complies with relevant laws and codes and that we will not be responsible for any error or inaccuracy in such material.
8. Hyperlinks and Third Party Sites
The Site may contain hyperlinks or references to external third party web sites from time to time. Any such hyperlinks or references are provided for your convenience only. Toshiba has no control over such third party web sites and accepts no responsibility in relation to any content, material or information contained therein. The display of such hyperlinks and references to third party web sites does not constitute an endorsement of such third party’s web site, products or services. Your use of third party sites may be governed by the terms and conditions and privacy policies of such third party sites.
9. Warranties and Limitation of Liability
You agree that your use of the Site is on an "as is" and "as available" basis. Consequently Toshiba makes no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and up-to-datedness or any content and information on the Site.
To the maximum extent permitted by applicable law, Toshiba excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which Toshiba may otherwise have to you as a result of:
a. any error or inaccuracies in any information or material within or relating to the Site;
b. the unavailability of the Site for whatsoever reason; and
c. any representation or statement made on the Site.
Under no circumstances shall Toshiba be liable to you or any third party for any loss of damage suffered (including without limitation loss of business, loss of revenue, loss of profits, loss of anticipated saving, wasted expenditure, loss of privacy, loss of data and any other direct or indirect losses) arising from your use of the Site (including the downloading or any software, program or information) or reliance thereon.
For the avoidance of doubt, Toshiba does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Toshiba on the Site or for any other statutory rights which are not capable of being excluded.
If you are in breach of any of these terms and conditions, you agree to indemnify and hold Toshiba harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by Toshiba in relation to or arising from such a breach.
11. International Use
Unless otherwise specified, the materials on the Site are directed solely at those who access the Site from the United Kingdom mainland. Toshiba makes no representation that any products or services referred to in the materials on the Site are appropriate for use, or available in locations outside the United Kingdom. Thosee who choose to access the Site from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable. We prohibit any access and/or use of the Site from territories outside the United Kingdom where the contents of the Site are illegal or unlawful.
Toshiba reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by Toshiba. It is your responsibility to check these terms and conditions from time to time to verify such variations.
These terms and conditions contains the entire understanding and agreement between Toshiba and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Toshiba which is not contained herein.
Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, such part shall be deemed to be deleted without affecting the remaining provisions.
These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.
The Site is owned and operated by Toshiba Information Systems (UK) Limited, a company registered in England and Wales under registered number 918861 whose registered office is at Toshiba Court, Weybridge Business Park, Addlestone Road, Weybridge, Surrey, KT15 2UL.
TOSHIBA TERMS AND CONDITIONS OF SALE
These terms and conditions of sale ("Terms") set out the entire terms which govern the sale by Toshiba of all items, products and services through this website ("Site"). Please read them carefully before placing your order and print a copy for future reference. No variation to these Terms (including the incorporation of your standard terms and conditions of business in any correspondence, statement or invoice) shall have any effect upon Toshiba unless separately agreed in writing by an authorised director or officer of Toshiba.
In these Terms capitalised words have the following meaning:
"Accessories" means other Toshiba products for use in conjunction with Products;
"Classified Stock" means not brand 'new' Product, Accessories or Options but ex-demonstration stock, or stock that has been repaired and refurbished under the Toshiba's quality control programme, or stock that has been sold previously by Toshiba. Such Products, Accessories or Options have separate warranty cover;
"Items" mean any or all Products, Accessories, Options or Services (including Classified Stock) sold by Toshiba through the Site or the Toshiba Call Centre;
"Options" means items sold by Toshiba as optional utilities for the Products.
"Product(s)" means the Toshiba branded portable computers, desktop computers, servers, handheld PC's, digital cameras and projectors;
"Service(s)" means those services, which are offered by Toshiba on the Site;
"Toshiba Call Centre" means the customer services call centre operated by Toshiba which can be contactable through 0870 444 8944.
2.1. You must be aged 18 or over and resident in the United Kingdom in order to place an order on the Site. When you place an order for any Items over the Site or through the Toshiba Call Centre, Toshiba shall treat it as an offer to purchase the Items at the prices stated on the Site.
2.2. Once your order has been received by Toshiba, you will receive an order acknowledgement via email (you may elect to receive the order acknowledgement by post if you order through the Toshiba Call Centre). The order acknowledgment is not an acceptance by Toshiba of your order. If Toshiba accepts your order you will receive a second separate order confirmation email or letter. If Toshiba does not accept your order, Toshiba will let you know.
2.3. You may amend your order at any time until the time Toshiba sends you an order confirmation by calling Toshiba Call Centre on 0870 444 8944. If you are a consumer, you may have additional rights – please see Section 10 below.
2.4. Toshiba reserves the right to refuse any orders. Toshiba has the right to decline any order which contains erroneous prices.
2.5. You will be responsible for the accuracy of any information in relation to any orders submitted through the Site or the Toshiba Call Centre. If you discover any errors after the submission of an order, please contact Toshiba immediately. Whilst Toshiba will endeavour to rectify any orders which contain errors, Toshiba cannot be responsible for the consequences of any such errors once an order confirmation has been sent.
2.6. All Items are subject to availability and if any Items are out of stock or no longer in production, you will be offered the chance select an alternative. If you do not wish to have an alternative, you may cancel that part of the order in respect of such Items. Upon cancellation, Toshiba will refund to you any of the payments received for the relevant cancelled Items and neither party shall have any further liability to the other. Part cancellation shall not affect your rights or obligations in relation to other Items in the same order or other orders.
3. PRICE AND PAYMENT
3.1. All prices are in £ Sterling and inclusive of VAT and packaging, but are exclusive of any delivery charges (which shall be added to the price payable by you). Only prices contained in an order confirmation are binding. All other prices and offers on the Site may change without notice. The prices indicated apply only to purchases from this Site.
3.2. You may pay for the Items by one of the following methods:
· credit or debit card from a card issuer acceptable to Toshiba.
· a UK cheque or bankers' draft; (delivery address in UK only)
3.3. Payment by credit or debit card shall be made when an order is submitted. Cheques or banker's draft must be received before an order is submitted. If a cheque is rejected, your order will not be dispatched.
4.1. Delivery shall be to the address indicated in your order and if you pay by credit or debit card, only at the place where the card is registered ("Agreed Location"). Please note that we are only able to deliver to addresses no PO Boxes. All deliveries must be signed for.
4.2. If Toshiba delivers the Items to the Agreed Location and if you are absent or fail to take delivery, then:
4.2.1. risk of loss and damage to the Items will pass to you;
4.2.2. Toshiba may store the Items until delivery whereupon you shall be liable for all related costs and expenses (including without limitation storage and insurance) from the agreed delivery date.
4.3. Any delivery dates requested by you or stated in any order acknowledgement or confirmation are estimates only. Toshiba cannot guarantee delivery on such dates and has no liability for failure to deliver on such specified dates. If delivery has not taken place within 7 days from the estimated delivery date, you should call the Toshiba Call Centre. If Toshiba advises you of a new estimated delivery date, which is more than one month from the original estimated delivery date you shall have the right to cancel the order. Toshiba shall refund you any price, which you have paid. You shall have no other rights against Toshiba for delay in delivery.
4.4. Toshiba shall be entitled to make partial deliveries or delivery by installments. Each such delivery shall be deemed to be a separate contract and any defect in anyone or more instalments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent instalment.
5. TITLE AND RISK
5.1. Risk of loss and damage to the Items shall pass to you upon delivery. You agree to take out appropriate insurance in respect of the Items until title passes to you.
5.2. Toshiba does not accept any liability for shortages or damage to deliveries unless you notify us in writing within 48 hours of delivery.
5.3. Title to the Items shall not pass to you until Toshiba has received the price (including any interest or other amounts due) in cleared funds for the Items and all other Items previously sold or supplied by Toshiba to you for which payment is then due. Toshiba shall at any time before title passes, without any liability and prejudice to its other rights and remedies, be entitled to:
5.3.1. terminate your right to use the Items;
5.3.2. enter your premises and re-possess the Items; or
5.3.3. use or sell the Items.
5.4. Until such time as title in the Items passes to you, you agree to keep the Items separate and properly stored, protected and identified as Toshiba property.
6. PRODUCT SPECIFICATIONS
Toshiba does not sell products on a trial basis. Customers are strongly advised to check the suitability and specifications of Items before ordering. Toshiba makes every effort to supply the Items as advertised on the Website but reserves the right to vary actual dimensions, specifications and quantities without prior notice. We have made every effort to display on the Website as accurately as possible the colours of our products. As the colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the Items delivered.
7. SOFTWARE LICENCE
Certain Items may include software. Toshiba and/or its suppliers reserve their rights in respect of the software. Your rights to use the software will be set out in the relevant end-user licence, which accompanies the Items or is available from Toshiba on request. No title or other rights to the software is granted or transferred. You may not use the software if you do not accept the end-user licence.
8. WARRANTY, REPAIRS AND RETURNS
8.1. The following warranties apply to all Items (as applicable) except Classified Stock. Classified Stock has separate limited warranties. The following warranties do not apply if the serial numbers have been removed, or to defects arising from improper use, accidents, external causes, including installation, relocation of hardware, service or modifications not performed by Toshiba or its authorised service providers, or operation outside the environmental parameters specified for the Items. In cases where any of the Items are covered by the Sellers and/or a 3rd party manufacturer warranty, you shall be responsible for contacting and returning any registration or warranty cards to the Seller and/or the 3rd party manufacturer in question and for the avoidance of doubt the Seller shall not be held responsible for any acts of a 3rd party manufacturer or its agents including (without limitation) any failure by the 3rd party manufacturer to replace or repair any of the Items in question which are the subject of the 3rd party manufacturer's warranty
8.2. Subject to Section 7.1 and the relevant Toshiba Warranty Terms (which will accompany the relevant Items), Toshiba warrants that:
8.2.1. the Products, Accessories and Options are free from defects in workmanship or material under normal use for a period of either one (01) year or three (03) years depending on model, from the delivery date; and
8.2.2. the Products, Accessories and Options shall conform to the applicable service description specified in the accompanying documentation.
8.3. Except as expressly provided under these Terms, all conditions, warranties, representations and other terms, express or implied by statute common law or otherwise in relation to the Items (other than any liability which Toshiba is not permitted by law to exclude) are hereby excluded including, without limitation any implied conditions of satisfactory quality, merchantability or fitness for a particular purpose.
8.4. THESE TERMS DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
8.5. You acknowledge that Toshiba does not manufacture all of the Items. Items manufactured by a 3rd party manufacturer (or where the Items comprise computer software) and subject to these Terms set out below in this clause 7, Toshiba sells the Items with the benefit of the manufacturer's or publisher's or licensor's warranty (as the case may be). Toshiba does not warrant such 3rd party Items. They are sold "AS IS" unless otherwise specified in the Contract or documentation accompanying the Items.
8.6. Toshiba's suppliers will provide the warranty remedies as mentioned in the supplier's warranty statements provided you promptly notify the suppliers as indicated in the warranty statements of any non-conformance to the above warranties during the specified warranty period. Any claim by you which is based on a defect in the quality or condition of the Items shall be notified to Toshiba. Toshiba shall notify you whether the policy of the supplier of the Items is to deal with you direct (in which case you shall deal with the supplier direct provided Toshiba gives sufficient details to enable you to do so) or shall provide you with an RMA ("Return Material Authorisation") number (in which case you shall return the Items to Toshiba in their original and unmarked packaging together with details of the RMA number and your name and address). 8.7. Only Toshiba's authorised engineers may repair Items during the warranty period. Repairs carried out by non-authorised personnel will nullify the warranty cover.
8.8. If an Item is defective (as verified by Toshiba authorized engineers) within the warranty period, Toshiba will either repair or replace the Product, Accessory, Option or in the alternative refund the amount which you have paid for the Items.
8.9. You should obtain a RMA authorisation number from the Toshiba Call Center/ customer service department before returning any Items to Toshiba. You must return the Items in its original packaging together with all disks, manuals and cables. You should write the RMA authorisation number clearly on the outside of the box. Toshiba may refuse Items returned without a RMA authorisation number. Return of Items to Toshiba, are at your own expense and risk, so you should ensure that the Item is packed in an appropriate manner.
8.10. The Items will be tested upon receipt. If no fault and/or damage are found, the Items will be returned to you. If a fault and/or damage is found, then the Items will be repaired under the terms of the manufacturer's warranty.
8.11. All warranty repairs will be carried out on a 'Carry-in' basis – This means you will have to take your faulty machine to a Toshiba Authorised Reseller or Toshiba Authorised Service Provider. In some instances the manufacturer's warranty requires you to contact the repair agent directly. Toshiba will inform you if this is the case.
8.12. If you are not satisfied with any Items, you may return such Items, subject to a charge of £10.00 plus VAT to Toshiba within (07) working days of delivery (at your costs) if the Items are in re-saleable condition. Toshiba shall be under no obligation to refund any monies for Items which are not in a re-saleable condition.
9. LIMITATION OF LIABILITY
9.1. Toshiba does not limit its liability for death or personal injury caused by its negligence. In no event shall Toshiba be liable to you for any loss of profits, revenue, business, anticipated savings, data, wasted expenditure or any consequential or indirect loss, even if Toshiba has been advised of such potential losses.
9.2. Subject to section 8.1, Toshiba's sole and exclusive maximum liability to you (whether in contract, tort, breach of statutory duty or otherwise) shall not exceed the price payable by you for the Items.
· you commit an act of bankruptcy or compounds or enters into a deed of arrangement with your creditors or if a receiving order is made against you or if (being a company) an order is made or a resolution is passed for your winding-up (otherwise than for the purposes of amalgamation or reconstruction) or a petition is presented for the making of an administration order in relation to you or Toshiba reasonably believes that you are unable to pay its debts within the meaning of section 518 of the Companies Act 1985;
· a receiver is appointed of any of your assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order;
· you take or suffer any similar or analogous action in consequence of debt;
· you fail to pay any amount due on its due date or commit any other breach of this or any other agreement with Toshiba; or
· you are involved in illegal activity, financial irregularity or any activity which, in the opinion of Toshiba would materially damage Toshiba's brands and image,
then Toshiba may, without prejudice to its other rights and remedies:
(a) stop any Items in transit; and/or
(b) suspend further deliveries; and/or
(c) notify you in writing to determine all or any other contracts you have with Toshiba; and/or
(d) by its employees or agents enter upon or into any land building or vehicles where the Items or any part of them are situated or are reasonably thought to be situated to repossess the same (and you shall for such purpose notify Toshiba of the whereabouts of the Items).
11. ADDITIONAL RIGHT TO CANCEL
11.1. This Section applies to you if you deal as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations"). This Section does not apply if the Items you have ordered are customised goods or in respect of any Services.
11.2. We provide you with information relating to the Items in writing (including our contact details, a description of the goods, prices and delivery charges, arrangements for payment and delivery and your right to cancel. This information is set out on the on-line order form, these Terms, the order acknowledgement and the order confirmation.
11.3. We will deliver the Items to you within 30 days beginning with the day after the day you submit your order via the Site unless the Items are unavailable. We will let you know if we are unable to supply the goods within the 30 day period because the Items are unavailable. If we are able to supply substitute goods of similar quality and price we will give you this option. If you would rather treat the contract as cancelled we will reimburse all sums you have paid
11.4. You will have the right to cancel an order within 7 working days from the day after the date of delivery of the Items by Toshiba to you provided that you give written notice of such cancellation in accordance with Section 10.3.
11.5. If you cancel an order under this Section, Toshiba shall refund any payment you have made within 30 days from the day on which Toshiba receives the notice of cancellation. However you will not be entitled to refund if you do not take reasonable care of the Items while the Items remain in the possession of the consumer (whether before or after cancellation). You are deemed not to have taken reasonable care of the Items if such Items are not kept packed in their original box, with all disks, manuals and cables and the external packaging is damaged in any way.
11.6. You must return any cancelled Items within 15 days of notifying Toshiba and you shall bear the delivery costs. Toshiba shall be entitled to withhold any refunds due to you under Section 10.3 until such goods have been returned. If you fail to return any cancelled Items to Toshiba within the 15 day period, Toshiba may collect the cancelled items from your premises and deduct the costs of such collection from the refund payable to you under Section 10.3.
12. DATA PROTECTION
13. HEALTH AND SAFETY
In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987, Toshiba confirms that the goods it supplies do not present a hazard to health and safety when properly used in accordance with the manufacturer's instructions for the purpose for which they are designed and when the customer takes reasonable and normal precautions in their use.
14.1. Force Majeure
Toshiba reserves the right to defer the date of delivery or to cancel a Contract or reduce the volume of Products and/or Services which you have orders (without liability to you ) if Toshiba is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Toshiba which shall include without limitation acts of God, civil commotion, riots, flood drought, fire and legislation.
Failure by Toshiba to enforce any of these Terms shall not constitute a waiver or affect its right to require the future performance thereof, nor shall its waiver of any breach of any provision of these Terms constitute a waiver of any subsequent breach or nullify the effectiveness of any such provision.
You may not assign, novate or transfer any contract between you and Toshiba.
Any notice to be given by one of the parties to the other shall be deemed sufficiently given when forwarded by pre-paid, registered first class mail, or by hand delivery to the other party at the address provided or such other address as may be notified from time to time. Such notices shall be deemed to have been received two (2) working days after mailing if mailed, and the following business day if forwarded by facsimile transmission or by hand. Toshiba may additionally contact you via the email address which you have provided.
If any provision of these Terms are held by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or un-enforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
14.6. Addressing Customer Issues
You agree that should any issues arise in connection with the sale of Items or the provision of the services, you would contact Toshiba in the first instance to address such rights or claims.
Toshiba reserves the right to change or amend these Terms at any time and without prior notice.
14.8. Governing Law
These Terms shall be governed by and construed in accordance with the law of England and you submit to the exclusive jurisdiction of the courts of England.