General Terms and Conditions

2. Interpretation

The use of the words "we" and "us" in these terms and conditions means each of (a) Acer and (b) Acer UK Limited, Acer House, Heathrow Boulevard III, 282 Bath Road, West Drayton, Middlesex, UB7 0DQ, UK, and "our" shall be construed accordingly.

The use of the word "consumer" means an individual who buys or agrees to buy products from through acer Store for private use

The use of the word "business user" means a legal entity or person who buys or agrees to buy products through acer Store other than for private use.

3. Use of this website and acer Store

By using this website you agree to be legally bound by these terms and conditions and agree to access this website in an appropriate and lawful manner. In particular, you should understand that by ordering any of our products from acer Store, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this website. Any use of this website which is not in accordance with these terms and conditions will constitute an actionable breach of contract.

These terms and conditions are intended to comply with all of your statutory rights as a consumer. In the event that any uncertainty arises, your statutory rights as a consumer will take priority over these terms and conditions.

Please click on the button marked "I Accept" (in the checkout process) if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any products from this website.

4. Our website changes regularly

We aim to update this website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We reserve the right to withdraw, amend, modify, substitute, suspend or remove without notice any information, product or service on our website from time to time. We will not be liable if for any reason our website is unavailable at any time or for any period.

5. Variations

We may revise these terms and conditions of use at any time. You are expected to review these terms and conditions of use from time to time to take notice of any changes we may make, as they are binding on you. Your continued use of the website signifies your acceptance of such modifications.

6. Accessing this website

The information, services and products on this website are intended for use by residents of the UK only, and are not aimed at, or intended for use by, residents of any other jurisdiction. Certain information in this website may make reference to products, software or services which are not available in countries outside the UK. For further information, please contact your local Acer representative.

7. Your status

By placing an order through our website, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are resident in the United Kingdom.

8. How the contract is formed between you and us

Your order constitutes an offer to buy a product or service. All orders placed on acer Store are subject to acceptance by us, such acceptance being made by either through (i) acceptance by Acer through an explicit declaration to that effect; (ii) the dispatch to you of the ordered product(s) (we shall send you an e-mail confirming that the product has been dispatched (the Dispatch Confirmation)), or dispatch to you of the activation code for any "AcerAdvantage" service contract.

For the purposes of entering into a contract with you through this website, the contracting entity in respect of Options on our part is Acer Computer (Switzerland) AG. "Acer Advantage" service contracts as described in more detail in Clause 9, are sold by us for the account of Acer UK Ltd. The particulars of Acer UK Ltd. are set out in Clause 2.
The contract between you and Acer (Contract) will only be completed only when your offer to buy a product or service either has been accepted by Acer in any of the manners described above

9. The products which you order

Any Acer branded products supplied through the acer Store shall conform in all material respects to the product designations and specifications published by Acer from time to time, or, in respect of any "AcerAdvantage" service agreements, to the specifications published by Acer at www.aceradvantage.com from time to time.

10. Customer Support. Warranty Issues

For all customer support, fulfillment and delivery issues, please contact the acer Store customer care centre by phone at Telephone Fon 0870 043 3794 (cost 0,09 GBP/min)
or via e-mail service-uk@store.acer-euro.com.
For details, please visit us at store.acer-euro.com/uk-service.

All products purchased at acer Store are covered by an original Acer manufacturer's guarantee in accordance with the guarantee documentation supplied along with the product(s). Further, if you are a consumer purchaser, and the goods were non-conforming at the time of delivery, you shall have additional rights pursuant to the Sale of Consumer Goods and Associated Guarantees Directive 1999. If a non-conformity becomes apparent within the first six months from delivery, there is a rebuttable presumption that the product was non-conforming at the time of delivery.

11. Right to cancel

If you are contracting as a consumer, you may cancel a Contract for the purchase of products made at the acer Store by (1) giving us notice in writing (e.g. by letter, or e-mail addressed either to our Customer Care Centre at the address set out in Clause 10 or to our offices at Moosmattstrasse 30, CH-8953 Dietikon and (2) returning the product(s) to the address detailed below, within fourteen days, beginning on the day which you received the product(s) in question. You must return the product(s) to us in the same condition in which you received them, and at your own cost and risk. We recommend that you use recorded post. You have a legal obligation to take reasonable care of the products while they are in your possession.

"AcerAdvantage" service agreement Contracts may be cancelled as set out above (regardless of whether or not they have been activated and with the cancellation period commencing on the date of receipt of the digital activation key), except where you have made a claim under that AcerAdvantage Contract in that fourteen day period.

Your right to cancel purchases of software that is supplied on CD, DVD or other similar storage devices is lost if the software is unwrapped, unless such software is defective.

If you cancel a Contract within the fourteen day period set out above and in accordance with this section 11, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy (please see section 12 below).

The address for the return of products is:

Acer Store Returns
c/o Ingram Micro B.V. Gesworenhoekseweg 11
5047 TM Tilburg
The Netherlands

Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.

This provision does not affect your statutory rights as a consumer.

12. Our refunds policy

For consumers, we will fulfill our legal obligations to repair and/or replace products. These obligations are dependent upon proper use of products and do not cover any parts of products which have been modified or repaired without our prior written consent.

When you return a product to us:

(a) because you have cancelled the Contract between us within the fourteen day cooling off period (see section 11 above), we will process the refund due to you as soon as possible and, in any event, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the product to you. However, you will be responsible for the cost of returning the product to us;

(b) for any other reason (e.g. because you claim that the product is defective), we will examine the returned product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any event, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the product to you and the cost incurred by you in returning the product to us

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

If your return relates to an AcerAdvantage service agreement Contract, please keep the digital activation code information and the proof of purchase accessible in a safe place, as returns can only be processed if these items are available. Both your invoice(s) and you digital activation code will be stored in the "My account" area of the acer Store and be accessible to you at all times.

Business users are not automatically entitled to repair or replacement other than as agreed by us in writing. For business users, we shall have no liability or obligation for defects in products or failure to remedy defects except as expressly provided in these terms and conditions.

13. Availability and delivery

The availability of the product is indicated in the "Factsheet section" of the acer Store. After successful completion of the check-out process, you will be informed of the progress of your order by a status mail and delivery of your order will occur within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Status update(s) of your order will be given to you in the "My account section" of the acer Store.

For consumers, delivery will take place less than 30 days after the date of the Dispatch Confirmation unless specifically otherwise specified at the time of making the order. If we are for any reason other than because of events beyond our control (as defined in Clause 27) unable to complete delivery within 30 days from the original date of order, then the consumer will be contacted and advised of a proposed new date for delivery. If the consumer refuses such a revised delivery date and delivery is not made within 30 days from the original date of order or prior to the specifically agreed delivery date if applicable, then the consumer may cancel the order without charge and obtain a full refund.

14. Risk and title

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products.

15. Price and payment

The price of any products will be as quoted on our website from time to time, except in the cases of obvious error. These prices include VAT but exclude delivery costs in the amounts indicated during the check -out process, which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We are under no obligation to provide the product to you at an incorrect price (lower than Acer's list prices), even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

16. Terms of payment

Payment is to be made before supply of the product, in accordance with this section 16.

Payment for all products may be made by credit card, which must be made at the time of purchase. We accept most major brands of credit and debit card as payment.

17. Limitation of liability

These provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website.

In relation to consumers, we warrant to you that any product purchased from us through the acer Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Products which we sell will be suitable for general use in a domestic, non-commercial, non-research environment and in a manner which is consistent with the specification, functionality and service standards described in the product's description. Fitness for use in any other manner or environment must be explicitly and clearly agreed in writing with us prior to purchase.

In relation to business users, business users must satisfy themselves as to the suitability of the description of the product for their needs. We do not warrant fitness for any particular purpose. Fitness for use in any particular manner or environment must be agreed in writing with us prior to purchase.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.

We reserve the right to cancel any agreement entered into through the acer Store if, through no fault of our own, it is not reasonably possible for us to perform our obligations pursuant to such agreement. In such a case, we shall notify the affected purchaser as soon as reasonably possible that the ordered product is unavailable, and refund in full any payments made on account. This does not affect your statutory rights as a consumer.

Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either express or implied) to the fullest extent permitted under applicable law, that the website or all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use in the United Kingdom or in other jurisdictions where we provide our services. The information, services and products on this website are intended for use by residents of the UK only, and are not aimed at, or intended for use by, residents of any other jurisdiction. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.

To the fullest extent permitted by law, we and other members of our group of companies connected to us, hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity (other than the statutory implied conditions that arise under sections 13, 14 and 15 of the Sale of Goods Act 1979, those under the Sale and Supply of Goods to Consumers Regulations 2002 and those under the Sale of Consumer Goods and Associated Guarantees Directive 1999); and

(b) any liability for any direct, indirect or consequential loss or damage incurred by you, howsoever arising, including, without limitation, any liability for:

Whilst we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of the information posted on our website. The material posted on our website is provided "as is", without any conditions, warranties, representations or other terms of any kind.

We will not be responsible or liable for any decision taken as a result of any material contained on our website by you, or by anyone who may be informed of any of our website's contents.

Access to and use of this website is at your own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. While we will use our reasonable endeavours to keep our website secure and protect it from viruses, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect or infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or your downloading of any material posted on it, or any website linked to it. If your use of material on our website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs following from this.

NOTHING IN THESE TERMS AND CONDITIONS SHALL ATTEMPT TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, LIABILITY FOR DEATH OR PERSONAL INJURY, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR LIABILITY UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987.

FURTHER, IN RELATION TO CONSUMERS, THESE TERMS AND CONDITIONS DO NOT AFFECT, AND ARE WITHOUT PREJUDICE TO, YOUR STATUTORY RIGHTS.

18. Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

Any web-scraping of this website is strictly prohibited, as are automated programs, robots, web-crawlers, spiders and data miners also prohibited from accessing this website or using any information obtained from this website or service. You agree not to receive, access or transmit any content or data which is in breach of confidence, in breach of any intellectual property rights or otherwise objectionable or unlawful.

You agree not to circumvent any user authentication of this website nor any host, network or account nor interfere with service to this website nor knowingly or recklessly transmit any electronic content via this website which shall cause or be likely to cause detriment or harm in any degree to computer systems or networks owned by Acer or any third party.

19. Linking to our website

You must not link to our website in such a way that damages our reputation or takes advantage of our website and you must not establish a link which in any way suggests any form of association, approval or endorsement on our part where none exists. Links to this website must first be approved by us in writing. Any request to establish a link to this website should be addressed to Acer Computer (Switzerland), Moosmattstrasse 30, 8953 Dietikon, Switzerland.

20. Links from our website

To provide increased value to users of this website, we may provide links to other websites or resources provided by third parties for you to access at your sole discretion. These links are for your information only. We have not reviewed these third party websites and we have no control over the contents of those websites or resources. We do not monitor, verify or endorse or make any representations about them, or any services, products or materials found there, or any results that may be obtained from using them. Such information may be inaccurate, incomplete or out of date. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk. We exclude any and all liability in respect of the content of these third party websites.

21. Processing information about you

We are committed to protecting your privacy. We process information about you in accordance with all applicable laws and consistently with our privacy policy http://acer-euro.com/acer/acer-uk/infocenter/privacy.service. We may share such personal data with other Acer entities, agents, or sub-contractors performing services for us. We may also transfer your personal data to affiliated companies or agents or sub-contractors which may be outside the European Economic Area (EEA), in which case we shall ensure adequate protection to safeguard personal data. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

22. Intellectual property rights

Acer and/or members of our group of companies are the owners or the licensees of all intellectual property rights in our website, and in the material published on it, together with all website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software. Those materials are protected by copyright laws, trade mark and other intellectual property rights and treaties around the world. All such rights are reserved. You must not use, copy, reproduce, modify, distribute, republish, display, post or transmit any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors. However, you may download or print a single copy for your own non-commercial off-line viewing.

23. Export control

Please note that the products are subject to EU and, under certain circumstances, also US export control laws, and laws of the country where it is used. Under these laws, certain products may not be sold, leased or transferred to restricted end-users or countries for restricted end-uses. You agree to abide by these laws.

24. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, 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 section does not affect your statutory rights as a consumer.

25. Notices

All notices given by you to us must be given to Adm, acer Store, Volta Straße, 13355 Berlin, Germany. 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 section 8 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.

26. Transfer of rights and obligations

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

27. Events outside our control

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). 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. If the Force Majeure Event lasts longer than 60 days then we shall have the right to terminate the Contract by providing notice in writing to you and returning all sums paid under the Contract.

28. Entire agreement

These terms and conditions 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. 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. 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.

29. Complaints or comments

Should you have any complaints or comments about our website, or services provided by us, or for all matters of customer support, please contact the acer Store customer care centre by phone at Telephone 087 00820107 (cost GBP 0,0803 per minute) or via e-mail service-uk@store.acer-euro.com.
For more details, please visit us at http://store.acer-euro.com

30. Applicable law

The English courts shall have exclusive jurisdiction over any claim arising from, or related to, a visit to our website and any Contracts for the purchase of products made through the acer Store and any claims arising in connection with it, although we reserve the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms and conditions and such Contracts shall be governed by English law.

If any term or condition of these terms and conditions is held to be unlawful, invalid or unenforceable, that term or condition shall be deemed severed and where capable the validity and enforceability of the remaining terms and conditions shall not be affected.

If we fail to enforce a right under these terms and conditions, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

Thank you for visiting our website.