Consumer Terms and Conditions of Sale

1.1 These terms and conditions (“Terms”) apply to all orders placed by consumers through the HamTEK Ltd website (“our Website”). By placing an order, you agree to be bound by these Terms.

1.2 HamTEK Ltd (“we”, “us”, “our”) is a company registered in England and Wales. Our company details are shown in about us.

1.3 These Terms apply to consumer customers only. If you are a business customer, separate terms and conditions apply. A “consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

1.4 We may revise these Terms from time to time. The Terms that apply to your order are those in force on the date you place your order.

1.5 Please read these Terms carefully before placing an order. If you have any questions, please contact us before ordering.

2.1 We will use the personal information you provide to us in accordance with our Privacy Policy, available on our Website.

2.2 For details of the cookies we use and how we manage them, please see our Cookie Policy, available on our Website.

3.1 All orders placed through our Website constitute an offer by you to purchase the products listed in your order. We are not obliged to accept any order.

3.2 After you place an order, you will receive an email from us acknowledging that we have received it. Please note that this acknowledgement does not mean your order has been accepted.

3.3 A binding contract between you and us is formed only when we send you an order confirmation email (or, if earlier, when we dispatch the products to you).

3.4 If we are unable to accept your order, we will inform you and will not charge you for the products. This may occur because the product is out of stock, because we have identified an error in the price or description, or because we are unable to meet a delivery deadline.

4.1 Images and descriptions of products on our Website are for illustrative purposes only. While we make every effort to ensure accuracy, there may be minor variations between the product images or descriptions shown on our Website and the actual products.

4.2 If we are informed of or discover any error in the price or description of a product you have ordered, we will contact you to inform you of the error and give you the option to continue with the order at the correct price or to cancel the order.

5.1 All prices shown on our Website are in pounds sterling and are inclusive of VAT at the applicable rate. Delivery charges, where applicable, will be shown separately before you confirm your order.

5.2 We take reasonable care to ensure that prices are correct at the time they are displayed on our Website. However, if we discover an error in the price of a product you have ordered, we will contact you in accordance with clause 4.2.

5.3 Payment for all products must be made at the time of ordering. We accept the payment methods shown on our Website at checkout.

5.4 We will not charge your payment method until we dispatch the products to you or, in the case of digital products, until we make them available to you.

6. Delivery

6.1 We will deliver the products to the address you specify in your order. Delivery options and estimated timescales will be shown at checkout.

6.2 Estimated delivery dates are not guaranteed. If delivery is delayed beyond 30 days from the date of our order confirmation (or such other date as we may have agreed), you may cancel the order and receive a full refund.

6.3 Delivery is complete once the products have been delivered to the address you specified.

6.4 The products will be your responsibility from the time of delivery. You will own the products once we have received payment in full.

6.5 If no one is available at the delivery address to take delivery, we or our carrier will leave you a note explaining how to rearrange delivery or collect your products.

6.6 If delivery cannot be completed and you do not rearrange delivery or collect the products within 14 days, we will contact you to agree a further delivery date. If we are unable to arrange redelivery, we may cancel the order and refund the product price (less any delivery costs incurred by us).

7.1 Full details of your cancellation and return rights are set out in our Returns Policy, available on our Website. The key points are summarised below, but in the event of any conflict between this summary and the Returns Policy, the Returns Policy shall prevail.

7.2 As a consumer purchasing at a distance (online), you have the right to cancel your order within 14 days of receiving the products, without giving any reason. To exercise this right, you must notify us in writing (email is acceptable). You then have a further 14 days to return the products to us.

7.3 You will receive a full refund, including the cost of standard delivery, once we receive the returned products in unused, resalable condition. You are responsible for the cost of return postage unless the products are faulty or were incorrectly supplied.

7.4 The right to cancel does not apply to:

• products made to your specification or clearly personalised (e.g. custom cables, modified products);

• sealed software, digital products, or downloads, once the seal has been broken or the download activated; or

• products that have been damaged through misuse or improper handling after delivery.

8.1 We are under a legal duty to supply products that are in conformity with the contract. Nothing in these Terms will affect your statutory rights under the Consumer Rights Act 2015.

8.2 Under the Consumer Rights Act 2015, products must be of satisfactory quality, fit for purpose, and as described. If a product you receive is faulty, damaged, or not as described:

• Within 30 days of delivery: you are entitled to a full refund.

• Within 6 months of delivery: you are entitled to a repair or replacement. If the repair or replacement is not possible or unsuccessful, you are entitled to a full refund.

• Between 6 months and 6 years of delivery: you may still be entitled to a repair, replacement, or partial refund, but you may need to demonstrate that the fault was present at the time of delivery.

8.3 These statutory rights are in addition to the warranty set out in clause 9 and are not affected by anything in these Terms.

8.4 If you believe a product is faulty, damaged, or incorrect, please contact us as soon as possible with details (and photographs if possible). We will advise you on the next steps, which may include returning the product to us at our expense.

9.1 In addition to your statutory rights, we warrant that products will be free from material defects in workmanship and materials for a period of 12 months from delivery (unless a different warranty period is stated on the product listing).

9.2 This warranty does not apply where the defect arises because you have failed to follow our instructions for use, storage, or maintenance, or where you have modified, repaired, or tampered with the product without our prior written consent.

9.3 If a product develops a defect covered by this warranty, please contact us. We will, at our option, repair or replace the defective product. We will cover the cost of return postage for warranty claims.

9.4 This warranty is in addition to, and does not affect, your statutory rights under the Consumer Rights Act 2015.

10.1 Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• breach of the terms implied by sections 9, 10, 11, and 12 of the Consumer Rights Act 2015;

• defective products under the Consumer Protection Act 1987; or

• any other matter for which it would be unlawful for us to exclude or limit liability.

10.2 Subject to clause 10.1, we shall not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or for any indirect or consequential loss arising under or in connection with any contract between us.

10.3 Subject to clause 10.1, our total liability to you in respect of all losses arising under or in connection with a contract between us shall not exceed the total price paid by you for the products under that contract.

11.1 We will not be liable for any failure or delay in performing our obligations under a contract that is caused by an event outside our reasonable control, including but not limited to strikes, lock-outs, civil commotion, natural disaster, pandemic, failure of utility services, or government actions.

11.2 If such an event occurs, we will contact you as soon as reasonably practicable to notify you and will take reasonable steps to minimise the effect of the delay. If the event continues for more than 30 days, either party may cancel the contract by giving written notice to the other, and you will receive a full refund for any products paid for but not received.

12.1 All intellectual property rights in the products (including any software or firmware) remain with us or our licensors.

12.2 Where a product includes software or firmware, we grant you a non-exclusive, non-transferable licence to use it solely in connection with the product for its intended purpose. You may not copy, modify, decompile, or reverse-engineer the software except to the extent permitted by law.

13.1 If you have a complaint about any product or our service, please contact us using the details at the top of these Terms. We will do our best to resolve the matter promptly.

13.2 If we are unable to resolve your complaint to your satisfaction, you may be able to use the European Commission’s Online Dispute Resolution platform or refer the matter to an alternative dispute resolution provider.

14.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights under these Terms.

14.2 You may only transfer your rights or obligations under a contract to another person if we agree in writing.

14.3 Each clause of these Terms operates separately. If any court or relevant authority decides that any clause is unlawful or unenforceable, the remaining clauses will remain in full force and effect. If any invalid, unenforceable, or illegal provision would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

14.4 If we fail to insist that you perform any obligation under these Terms, or if we do not enforce our rights against you, that does not mean we have waived our rights and does not mean you do not have to comply with those obligations.

14.5 These Terms, together with our Returns Policy, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and us in relation to your order and supersede all previous agreements, representations, or understandings between us.

14.6 These Terms are governed by the laws of England and Wales. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident in Scotland, you may also bring proceedings in Scotland, and if you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland.

If you have any questions about these Terms, or wish to contact us for any reason, please use the contact us page of this website.