Terms & Conditions

Contents

  • Terms of Use
    • Information about Us
    • Services
    • Hours of Business
  • Privacy & Security
  • Advertising
  • Pricing
  • Data Protection
  • Delivery
  • Import Duty
  • Reserve and Collect
  • Returns/Claims
  • Transfer of Rights & Obligations
  • Cancelling an Order
  • Written Communications
  • Notices
  • Accordance with Specification
  • Disclaimer of Warranties
  • Limitation of Liability
    • Events Outside Our Control
  • Proprietary Rights to content
  • Contract
    • Agreement
  • Modification of terms
  • General
  • Laws
  • Termination

1.0 TERMS OF USE:

1.1 PcWizard.ie (www.pcwizard.ie) is the website of PcWizard, T/A PcWizard.ie. By using this site you agree to be legally bound by these terms and conditions.

If you do not agree to be legally bound by all the following terms you should not access and/or use pcwizard.ie or any services /products associated with PcWizard.

This page (along with any documents referred to on it) informs you of the terms and conditions on which we supply any of the services/goods listed in our website www.pcwizard.ie.

Please read these terms and conditions carefully before ordering any of our products/services through our site. You shall wholly understand that by ordering any of our Services/goods, you are agreeing to adhere to these terms and conditions.

For future reference you should print a copy of our terms and conditions.

1.2 INFORMATION ABOUT US

www.pcwizard.ie and is a website operated by PcWizard (“we”).

Address:PcWizard, Jamestown, Clonmel, Co Tipperary.

Ph. No.: 00353 (0)52 6170851

Email: admin@pcwizard.ie

VAT number: IE5823336R.

1.3 SERVICES

We supply the following Services

(a) Remote Support Log on Service

(b) Business Services

(c) Smartphone and game console repair

(d) Hardware Repair service

1.4 Hours of Business:

Monday to Friday 9.00 a.m. to 1.00 p.m. / 2.00 p.m. to 5.00 p.m.

1.5 A description of all of our services can be viewed through our website at www.pcwizard.ie

1.6 In addition to these Terms and Conditions of Service, each Service has a set of supplementary terms and conditions which are specifically applicable to that Service. These supplementary terms and conditions are available www.techonline.ie.

1.7 When you contact us by telephone or by email to order a particular Service, you will be deemed to accept these Terms and Conditions of Service, together with the specific supplementary terms and conditions applicable for each service.

1.8 In the event of any conflict within the terms and conditions of our service and any additional terms and conditions that are specific to the said service you have purchased all Terms of Service shall apply.

PcWizard may change these terms and conditions from time to time. Continuing to use this site after any changes are made you are agreeing to be legally bound by these terms as they are updated and/or amended.

1.9 You are entirely responsible for any and all activities that occur under your account which is provided to you by PcWizard.ie. You agree to notify us immediately of any unauthorised use or any other breach of security.

2.0 PRIVACY & SECURITY:

2.1 When you set up an account with PcWizard.ie you will be required by us to provide a valid email address and your contact information. This is necessary for us to guarantee that we can communicate with you regarding any orders, our special offers and /or other information which you have requested from us or we deem that could be of benefit to you.

All your personal information will be protected by local and national data protection and privacy laws. By providing your personal information and using PcWizard.ie you consent to the collection, storage, processing, use and transfer of your personal information where necessary and if required by PcWizard.ie, our data processors, our payment processors, financial institutions or fraud-risk management authorities.

We will not provide any Personal Data to third parties.(We will only disclose your Personal Data if we are required to disclose it in order to comply with any applicable law, a search warrant, a court a summons or regulatory order, or other statutory requirement).

3.0 ADVERTISING:

3.1 We at all times reserve the right to place promotions and advertisements on our website. Any advertisers or sponsors on our website will be solely responsible to ensure they comply with all local/national/state and international laws (where relevant) and we will not accept any liability whatsoever if they do not comply.

3.2 PcWizard will not accept responsibility for any promotion advertised by third parties listed through www.PcWizard.ie.

4.0 PRICING:

4.1 The price listed PcWizard.ie for our products/services will be provided at the time when you place your order on the website. It may be necessary to make adjustments to a price to take into account any increase in our supplier’s prices, or upon the implementing of any new taxes, VAT or duties, or in the case where an error or omission of the price for the products on the Website.

4.2 Our site contains a vast number of Services and it may be possible that, on occasion despite our best efforts, some of the listed Services on our site may be incorrectly priced. We will normally verify our prices as part of our ordering procedure so that, where a Service’s correct price is less than our advertised price, we will charge the lower price when billing the Service to you. However if a Services’ correct price is higher than the price advertised on our site, at our discretion, we will either contact you to confirm that you want to proceed before delivering the Service, or we may reject your order and notify you of this rejection and explain why this has happened.

4.3 We shall be under no obligation to provide the Service to you at the(lower) incorrect price, even after sending you an Order Confirmation, if the price error is blatantly obvious and could have reasonably been recognised by you as an error in price.

4.4 Payment for all Services must be by credit or debit card. We accept payment with Visa, MasterCard, Visa Electron and Laser. We will not charge your credit or debit card until we process your order.

5.0 DATA PROTECTION:

5.1 In discharging our obligations under this Agreement, we will comply with our obligations under the Data Protection Acts 1988 and 2003 (as amended and extended) and any other data protection legislation applicable and each will ensure all necessary registration applications are made.

6.0 DELIVERY:

6.1 We will endeavour to deliver the products to you within 3-5 working days of your account order within the island of Ireland, where this is practical. However, products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. At the time of delivery you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.

7.0 IMPORT DUTY:

7.1 If you order Products from our site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

7.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

8.0 RESERVE & COLLECT:

8.1 Items held for collection on our premises will be available for collection once completed and you have been notified. PcWizard.ie will inform you via text message email or phone. In order for a PcWizard.ie sales person to release a product, the customer must present proof of purchase in the form of the order conformation or a valid proof of ID and address

9.0 RETURNS/CLAIMS:

9.1 It is your statutory right to a 7 day cooling-off period when purchasing online, which will commence on the day that the product is received. If a product is in any way damaged or deemed defective the customer must contact the customer service department at admin@PcWizard.ie or by phone at 052-6170851 within 48 hours of receiving the product. PcWizard.ie will then put procedure in place to ensure a replacement product can be provided.

10.0 TRANSFER OF RIGHTS AND OBLIGATIONS:

10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11.0 CANCELLING AN ORDER:

11.1 If we have already begun providing you with a service you may not cancel this service as the cooling off period will not apply. You will need to inform us in writing of your request to cancel the Service prior to us beginning the provision of the Service.

11.2 If for any other reason (for instance, because have notified us in accordance with paragraph 19.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Service is defective), we will examine the cancellation and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Service. Services returned by you because of a defect will be refunded in full.

12.0 WRITTEN COMMUNICATIONS:

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13.0 NOTICES

All notices given by you to us must be given to PcWizard at notices@pcwizard.ie . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14.0 ACCORDANCE WITH SPECIFICATION:

14.1 All descriptions, graphics, drawings, photos, colours, specifications and advertising on our website are intended for the sole purpose of providing an approximate description/colour of the products and may differ slightly.

15.0 DISCLAIMER OF WARRANTIES:

15.1 All information within our website is for information purposes only and we have made every effort to ensure the correctness of this information available through our website. We do not stand over or warrant the use/results of any product/other web sites promoted through our website. Goods services from a third party should have correct, reliable information or otherwise determined by the third party. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

15.2 PcWizard does not manufacture the Products (or where the Products comprise computer software does not publish or license the software) and subject to the conditions set out below in this Clause 15.2-7 PcWizard only sells the Products with the benefit of the manufacturer’s warranty. Warranties are offered from the manufacturer on a pass-through basis to the end user or directly by the manufacturer to the end user.

15.3 PcWizard will accept liability for defective Products only to the extent that PcWizard is entitled to make a claim under the manufacturer’s Dead on Arrival (DOA), warranty or other defective goods terms and actually obtains from the manufacturer a refund credit repair or replacement in respect of the defective Products. Processing of these defective Products shall be made according to the manufacturer’s procedure and the instructions set out in Clause 15.7 below. PcWizard cannot and shall have no obligation to accept a return of and/or grant a credit for Product not compliant with the manufacturer’s procedures.

15.4 PcWizard shall be under no liability in respect of any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow PcWizard’s or the manufacturer’s or publisher’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without PcWizard’s approval.

15.5 PcWizard shall be under no liability under the above warranty if the total price of the Products has not been paid.

15.6 All warranties, conditions or other terms implied by common law or statute, or otherwise in connection with the sale or supply of goods or goods or services (save, in the case of goods, as to title) are excluded to the fullest extent permitted by law.

15.7 Any claim by the Customer which is based on a defect in the quality or condition of the Products shall be notified to PcWizard’s RMA Department. Upon notification of any such claim by the Customer PcWizard shall either notify the Customer whether the policy of the manufacturer of the Products is to deal with the Customer direct (in which case the Customer shall deal with the manufacturer direct provided PcWizard gives sufficient details to enable the Customer so to do) or shall provide the Customer with an RMA number (in which case the Customer shall return the Products to PcWizard in their original UNMARKED packaging together with details of the RMA number and the Customer’s name and address). If PcWizard issues an RMA number to the Customer PcWizard shall not send any replacement Products to the Customer until after the original Product has been returned to PcWizard. This Clause 15.7 shall only apply to Products the Customer is entitled to return to PcWizard as provided in these Conditions.

16.0 LIMITATION OF LIABILITY:

16.1 To the fullest extent that is permitted by the applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.

16.2 PcWizard.ie web content, is provided on a “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

PcWizard does not warrant that services within PcWizard.ie will be uninterrupted or free from error, that defects will be corrected, or that PcWizard.ie or the server that makes it available are free of any malicious/foreign programs e.g. viruses, spy/spam/malware or bugs.

16.3 Except as expressly provided in these conditions, PcWizard shall have no liability of any kind to you under tort, contract, statute, equity or otherwise, for any losses, damages or expenses, whether direct or indirect, incurred by or awarded against you or any third party and howsoever arising (including as a result of the breach, negligence or wilful default of PcWizard) in connection with the purchase or use of the goods by you or any third party. Save as expressly provided herein, all conditions, warranties or other terms whether express or implied, statutory or otherwise, are hereby expressly excluded.

16.4 Where you are a Consumer the following clauses shall apply in place of clause 16.3:-

(i) save as expressly provided under this Agreement or under Part II or Part IV of the Sale of Goods and Supply of Services Act 1980 all warranties whether express or implied, are hereby excluded to the fullest extent permitted by law;

(ii) PcWizard does not warrant that the Services are fit for any purpose other than that for which it is customarily supplied, save as expressly agreed otherwise by the PcWizard; and

(iii) the PcWizard shall have no liability to you in connection with any use or alteration of the Services in breach of this Agreement, including but without limitation, use otherwise than in accordance with the PcWizard’s instructions, or misuse of the Services or arising from your fault or negligence;

16.5 Without prejudice to clause 13.3, PcWizard shall under no circumstances be liable under contract, tort, statute, equity or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data incurred by or awarded against you or any third party howsoever arising (including as a result of the breach, fault or negligence of you) in connection with the purchase or use of the goods by you or any third party.

17.0 EVENTS OUTSIDE OUR CONTROL:

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.0 PROPRIETARY RIGHTS TO CONTENT:

18.1 By agreeing to our terms you are acknowledging that any content, including text, music, sound, software, video, graphics, photographs or any material in either any sponsor adverts or email-distributed, information commercially produced and presented to you via our Website, or our advertisers, is protected by patents, copyrights, service marks, trademarks or other proprietary rights and laws.

You as a user of our site are never permitted to use anypatent, trademark design right or copyright of PcWizard, or from any other third party unless the prior written consent of PcWizard or the third party is sought and approved.

18.2 RSS feeds of PcWizard.ie content are provided free of charge to individuals for personal and non-commercial use only. You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use pcwizard.ie content appearing on this site in any way except for your own personal, non-commercial use. Any other use of such content requires the prior written permission of PcWizard.

You agree to use PcWizard.ie only for lawful purposes. Prohibited behaviour includes but is not limited to defamation, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or anything which may affect the operability or security of PcWizard.ie.

19.0 CONTRACT:

19.1 No contract will be effective between you and PcWizard.ie for a sale to you of any product or service unless and up until PcWizard.ie accepts your order by an e-mail and payment has been processed. We will confirm by preferred method that your order has dispatched. Acceptance will be seen as complete and will be effectively communicated to you at the time PcWizard.ie sends the e-mail to you (regards whether or not you receive that e-mail).

19.2 AGREEMENT:

(a) These terms and conditions, including the specific supplementary terms and conditions (if any) and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

(b) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

(c) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

20.0 MODIFICATION OF TERMS:

20.1 We reserve the right to amend terms of use or conditions regarding the use of our website (to include in particular, those relating to pricing, availability or image of a product),this will be up to you (the customer)to read and accept.

20.2 We will not be liable for failure to perform any of our obligations under terms and conditions which may be caused by circumstances deemed beyond our control. Our failure to carry out or enforce any provision or right of the terms of use shall not constitute a waiver of such a right or provision unless acknowledged and agreed to you by us in writing and will be solely used for the convenience of all parties and shall have no legal or contractual significance. These terms shall be governed by and interpreted in accordance with the laws of Ireland.

21.0 LAWS:

21.1 The terms of use will be interpreted and governed fully within the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

22.0 TERMINATION:

22.1 We may terminate our Website with or without cause at any time and shall be effective immediately. In addition, we may also use our discretion to terminate your account with us should you violate our terms and conditions.

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