Terms & conditions of sale

These terms and conditions ("Conditions") govern the supply of goods by Elvoras via this website (the "Website"). Please read them carefully before placing an order. By placing an order you agree to be bound by these Conditions.

The same Conditions apply to every customer, whether you are buying as an individual or in the course of a business. We do not operate separate business terms: the cancellation rights, quality standards and returns treatment set out below are given to all of our customers alike. Where a right described in these Conditions is one that the law gives to consumers (an individual acting for purposes wholly or mainly outside their trade, business, craft or profession), we extend the same treatment to business customers as a matter of contract. Nothing in these Conditions affects the statutory rights of a customer who is a consumer.

1.Interpretation

1.1In these Conditions, the following definitions apply:

"Elvoras", "we", "us" or "our" means Elvoras [company registration details to be confirmed].

"Business Day" means a day other than a Saturday, Sunday or public holiday in England and Wales when banks in London are open for business.

"Commencement Date" has the meaning set out in clause 2.2.

"Contract" means the contract between Elvoras and the Customer for the supply of Goods in accordance with these Conditions.

"Customer", "you" or "your" means the person or firm who purchases the Goods from Elvoras, whether purchasing as a consumer or in the course of a business.

"Delivery Location" has the meaning set out in clause 4.2.

"Force Majeure Event" means an event beyond the reasonable control of a party including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, epidemic or default of suppliers or subcontractors.

"Goods" means the electronic devices, computer hardware, components, accessories and other goods (or any part of them) set out in the Order.

"Goods Specification" means any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Customer and Elvoras.

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

"Order" means the Customer's order for the supply of Goods placed via the Website, by telephone, by email or otherwise in writing.

"Website" means this website, the Elvoras online store on which these Conditions are published.

1.2In these Conditions, the following rules apply:

1.2.1a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.2a reference to a party includes its personal representatives, successors or permitted assigns;

1.2.3a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted, and includes any subordinate legislation made under it;

1.2.4any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.2.5a reference to "writing" or "written" includes emails.

2.Basis of contract

2.1The Order constitutes an offer by the Customer to purchase Goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order and (if submitted by the Customer) any Goods Specification are complete and accurate.

2.2The Order shall only be deemed to be accepted when Elvoras issues a written acceptance of the Order (which for Website orders means a dispatch confirmation email, not an order acknowledgement email) at which point and on which date the Contract shall come into existence ("Commencement Date"). An automatic order acknowledgement is not acceptance of the Order.

2.3The Contract constitutes the entire agreement between the parties in relation to its subject matter. Nothing in this clause limits or excludes any liability for fraud, or any right or remedy a Customer who is a consumer has in respect of a statement, promise or representation made by or on behalf of Elvoras.

2.4Any samples, drawings, descriptive matter or advertising issued by Elvoras and any descriptions or images of the Goods contained on the Website, in catalogues or in brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They are not a substitute for the description of the Goods on the Website, which forms part of the Contract.

2.5These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. This clause does not affect any right or remedy given to a Customer by law.

2.6Any quotation given by Elvoras shall not constitute an offer, and is only valid for a period of 10 Business Days from its date of issue.

2.7Despite our best efforts, a very small proportion of the Goods on the Website may be incorrectly priced. We will normally verify prices before accepting an Order. If the correct price is lower than that stated, we will charge the lower amount. If the correct price is higher, we will contact you for instructions before accepting the Order, or reject the Order and notify you of the rejection.

3.Goods

3.1The Goods are described on the Website and/or in Elvoras' catalogue as modified by any applicable Goods Specification.

3.2Many Goods are technical electronic products, computer components or accessories. The Customer is responsible for ensuring that the Goods ordered are suitable and compatible with the Customer's systems, equipment or intended application, and should tell us before ordering if a particular compatibility or purpose is essential. Where part numbers, OEM references or compatibility lists are quoted on the Website, they are provided for identification purposes only and do not imply that the Goods are supplied or endorsed by the original equipment manufacturer.

3.3Elvoras reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirements, provided that the amendments do not materially affect the Goods' quality or performance.

4.Delivery

4.1Goods will be despatched using a third-party carrier selected by Elvoras. Standard delivery is to UK mainland addresses; surcharges may apply to the Scottish Highlands and Islands, Northern Ireland, Isle of Man, Channel Islands and other offshore locations. Delivery charges and estimated lead times will be confirmed at checkout.

4.2Elvoras shall deliver the Goods to the address specified by the Customer at checkout ("Delivery Location"). Delivery is completed on arrival of the Goods at the Delivery Location.

4.3Any dates quoted for delivery of the Goods are estimates only. Unless we agree otherwise in writing, we will deliver the Goods to you within 30 days of the day after the Contract is formed, in line with section 28 of the Consumer Rights Act 2015. This applies to every Customer, whether or not you are buying as a consumer. Elvoras shall not be liable for any delay in delivery caused by a Force Majeure Event or by the Customer's failure to provide adequate delivery instructions or other information relevant to the supply of the Goods.

4.4If we miss the delivery deadline in clause 4.3 for any Goods, you may treat the Contract as at an end straight away if any of the following apply: we have refused to deliver the Goods; delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or you told us before we accepted your Order that delivery within the delivery deadline was essential. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so, you may specify a new (reasonable) deadline for delivery, and may treat the Contract as at an end if we do not meet it. If you treat the Contract as at an end, we will refund all sums paid under it for the undelivered Goods.

4.5If the Customer fails to accept or take delivery of the Goods on the agreed delivery date (other than because of a Force Majeure Event or Elvoras' failure to comply with its obligations), Elvoras may, after reasonable attempts to redeliver:

4.5.1store the Goods and charge the Customer for reasonable storage, insurance and re-delivery costs; or

4.5.2after written notice, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall.

4.6Elvoras may deliver the Goods by instalments where the Order contains multiple items. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5.Quality of goods

5.1We are under a legal duty to supply Goods that are in conformity with the Contract. We give every Customer the same quality promise: the Goods will be of satisfactory quality, fit for the purpose for which goods of that kind are normally supplied (and for any particular purpose you made known to us before the Order and which we accepted), as described, and free from material defects in material and workmanship.

5.2If the Goods do not meet the promise in clause 5.1, then whether you are buying as a consumer or in the course of a business, you are entitled to:

5.2.1reject the Goods and receive a full refund, if you tell us within 30 days of receiving them;

5.2.2a repair or replacement at our cost thereafter and, where a repair or replacement is not possible or does not resolve the fault, a refund or an appropriate price reduction; and

5.2.3in each case, return of the Goods at our cost — once your return is confirmed we will provide a prepaid returns label.

5.3The rights in clause 5.2 are available for 6 years from delivery (5 years in Scotland), although after the first 6 months we may ask you to show that the fault was present when the Goods were delivered.

5.4Nothing in these Conditions affects the statutory rights of a Customer who is a consumer under the Consumer Rights Act 2015. For more information on those rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133. Where you are not a consumer, the rights set out in this Article 5 are given to you as a matter of contract and are in addition to any rights implied by the Sale of Goods Act 1979.

5.5We will not be responsible under this Article 5 for a fault caused by fair wear and tear, wilful damage, an accident, or by your failure to follow our or the manufacturer's instructions for storage, installation, commissioning, use or maintenance of the Goods. This clause does not limit the statutory rights of a Customer who is a consumer.

5.6These Conditions shall apply to any repaired or replacement Goods supplied by Elvoras under this Article 5.

6.Right to cancel

6.1You have the right to cancel the Contract within 14 days of the day on which you (or someone you nominate) receive the Goods, without giving any reason. Where the Goods are delivered in instalments, the 14 days starts the day after the last instalment is received. For a Customer buying as a consumer this is a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; we give every other Customer the same right on the same terms as a matter of contract.

6.2To exercise the right to cancel, you must inform us of your decision by a clear statement (for example, by submitting a return request from your account on the Website or via our contact form). You may use the model cancellation form at the end of these Conditions but it is not obligatory.

6.3If you cancel the Contract:

6.3.1we will reimburse all payments received from you, including the standard cost of delivery (but not any supplementary costs arising if you chose a delivery type other than the least expensive standard delivery we offer);

6.3.2we may make a deduction from the reimbursement for any loss in value of the Goods if the loss is the result of unnecessary handling by you;

6.3.3we will make the reimbursement without undue delay, and no later than 14 days after the day we receive the Goods back from you or, if earlier, 14 days after you provide evidence that you have returned the Goods; and

6.3.4we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

6.4You must send back the Goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation. We will bear the cost of return postage: once your return is confirmed we will provide you with a prepaid returns label. You are responsible for the Goods until we receive them.

6.5We do not charge a restocking fee on any cancellation under this Article 6.

6.6The right to cancel does not apply to Goods that are made to your specifications or clearly personalised, cut to length, or to sealed Goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery. This exception applies to every Customer alike, and does not affect your rights under Article 5 if the Goods are faulty.

6.7Nothing in this Article 6 affects your other rights, including the statutory rights of a Customer who is a consumer.

7.Title and risk

7.1The risk in the Goods shall pass to the Customer on completion of delivery.

7.2Title to the Goods shall pass to the Customer on delivery. We do not retain title in Goods after delivery, whether you buy as a consumer or in the course of a business.

8.Charges and payment

8.1The price for the Goods shall be the price stated on the Website at the time the Order is placed or, where Goods are supplied other than through the Website, the price set out in the Order. Prices on the Website are inclusive of VAT (where applicable) but exclusive of delivery charges, which are notified to the Customer at checkout. The price shown at checkout is the price you pay: we will not increase it after the Order is placed.

8.2Payment for Orders must be made in full at the time of placing the Order using one of the payment methods accepted on the Website. Payment by credit/debit card is processed by our third-party payment processor; Elvoras does not store full card details. We do not offer credit accounts.

8.3A VAT invoice is available for every Order from your account on the Website and is sent with your dispatch confirmation.

9.Limitation of liability

9.1Nothing in these Conditions shall limit or exclude Elvoras' liability for:

9.1.1death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

9.1.2fraud or fraudulent misrepresentation;

9.1.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

9.1.4defective products under the Consumer Protection Act 1987;

9.1.5breach of the terms implied by the Consumer Rights Act 2015, where the Customer is a consumer; or

9.1.6any other liability which cannot be limited or excluded by law.

9.2Subject to clause 9.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the Contract was made, both we and you knew it might happen. This applies to every Customer, whether or not you are buying as a consumer.

9.3We do not restrict the use to which the Goods may be put. Buying the Goods for commercial, business or re-sale use does not reduce the rights given to you under these Conditions.

9.4This Article 9 shall survive termination of the Contract.

10.Termination

10.1Without limiting its other rights or remedies, either party may terminate any ongoing supply arrangement (other than an individual Order which has already been despatched) by giving the other party not less than one month's written notice. This clause does not affect the Customer's right to cancel under Article 6.

10.2Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

10.2.1the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 10 Business Days after receipt of written notice to do so;

10.2.2the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

10.2.3the other party (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with its winding up, administration or receivership;

10.2.4the other party (being an individual) is the subject of a bankruptcy petition or order;

10.2.5any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2.2 to clause 10.2.4 (inclusive); or

10.2.6the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business.

10.3On termination of the Contract for any reason:

10.3.1the Customer shall immediately pay to Elvoras all of Elvoras' outstanding unpaid invoices;

10.3.2the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination; and

10.3.3clauses which expressly or by implication have effect after termination shall continue in full force and effect.

11.Force majeure

11.1Provided it has complied with clause 11.3, if a party is prevented, hindered or delayed in or from performing any of its obligations under the Contract by a Force Majeure Event ("Affected Party"), the Affected Party shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

11.2The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.

11.3The Affected Party shall as soon as reasonably practicable after the start of the Force Majeure Event notify the other party of the Force Majeure Event.

11.4If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than four weeks, either party may terminate the Contract by giving four weeks' written notice to the other. This clause does not affect your right to a refund for Goods you have paid for but not received.

12.Use of the Website and Intellectual Property

12.1All Intellectual Property Rights in the Website and in the content of the Website (including text, images, product descriptions, photographs, logos and trade marks) are owned by Elvoras or its licensors. No right or licence is granted to the Customer other than the right to access and use the Website for the purpose of placing Orders.

12.2The Customer shall not use the Website in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity, including the use of automated scrapers, bots or similar tools to extract data from the Website without our prior written consent.

12.3The Customer is responsible for keeping any account login details secure and for all activity that takes place under the Customer's account.

13.Data protection

13.1Elvoras will process any personal data collected from the Customer in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and our Privacy Policy, available on the Website. By placing an Order, you confirm that you have read and understood our Privacy Policy.

14.General

14.1Elvoras may assign, transfer, subcontract or delegate any of its rights or obligations under the Contract to a third party, provided that this does not affect your rights or our obligations under these Conditions. We will tell you in writing if this happens.

14.2You may transfer your rights under the Contract (including under our quality promise in Article 5) to another person, for example if you sell on the Goods or give them as a gift. We may require you to tell us in writing that you have done so.

14.3Any notice or other communication given to a party under or in connection with the Contract shall be in writing and addressed to that party at its registered office (if it is a company), its principal place of business (in any other case), or at the address or email address provided in the Order. Notices to Elvoras should be sent via our contact form.

14.4A notice or other communication shall be deemed to have been received: if delivered personally, when left at the relevant address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.

14.5The provisions of clause 14.4 shall not apply to the service of any proceedings or other documents in any legal action.

14.6If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

14.7A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy.

14.8Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

14.9A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms, save as set out in clause 14.2.

14.10We may amend these Conditions from time to time. The version that applies to your Order is the version in force at the time the Order is placed.

14.11The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

14.12Each party irrevocably agrees that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with the Contract, save that if you are resident in Scotland or Northern Ireland you may also bring proceedings in the courts of that jurisdiction.

15.How to contact us / making a complaint

15.1You can contact us, or send any complaint, by:

Our contact form

We aim to acknowledge complaints within 2 Business Days and resolve them within 14 days.

Model cancellation form

(Complete and return this form only if you wish to withdraw from the contract. Using this form is optional — you can also cancel from your account on the Website or by a clear statement by email or post, as set out in Article 6.)

To Elvoras [registered address to be confirmed]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:

Ordered on [*]/received on [*]:

Order reference:

Name of customer(s):

Address of customer(s):

Signature of customer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate.