Consumer Terms of Sale
Thank you for choosing Dell Financial Services. Please read these Consumer Terms carefully. Your purchase is from Dell Bank International d.a.c., a designated activity company, trading as Dell Financial Services (“DFS”) (Ireland company number 502362), with registered offices at Innovation House, Cherrywood Science & Technology Park, Cherrywood, Dublin 18, Ireland.
1. Consumer Terms and Application
1.1 These terms and conditions govern the sale of Product(s) by DFS directly to you through the DFS Refurbished Store only and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being an individual or individuals purchasing Product(s) from DFS for purposes which are outside your trade, business, craft or profession and with a United Kingdom address for delivery of those Product(s). Please note that DFS will not accept liability for any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using Product(s) purchased under these Consumer Terms.
1.2 If you are purchasing or have purchased DFS Product(s) from a third party retailer or reseller, these Consumer Terms will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
1.3 Key Definitions
- “Contract” means the contract for the sale of Product(s) by DFS directly to you in accordance with these Consumer Terms.
- "DFS Refurbished Store” means the DFS online store for the sale of refurbished Off-Lease Product(s) at https://www.dellrefurbished.co.uk.
- “Intellectual Property” means any patents, registered and unregistered trademarks, registered and unregistered service marks, database rights, registered and unregistered designs and applications for all of the above, copyright, know-how, trade and business names, domain names, moral rights and any other similar protected rights in any country;
- “Limited Warranty” means the basic or standard warranty provided by DFS in respect of any Product(s) as set out in clause 5;
- “Off-Lease” means Product(s) returned to DFS at the end of a typical thirty-six month (36) lease, which are refurbished by DFS and are made available for purchase by you from DFS in accordance with these Consumer Terms and any applicable software licence terms;
- “Operating system software” is software such as a Microsoft operating system that is loaded onto your hardware to support a computers basic functions and manage its resources.
- “Order Confirmation” Is an email confirmation of your order details summarising the order details, including Product Description, price including/excluding VAT, relevant delivery charges, relevant terms and conditions and returns information.
- “Product(s)” means the hardware Product(s) listed on the DFS Refurbished Store which are Off-Lease and which have been refurbished, cleaned, data wiped, tested and may contain replacement components. DFS may repair Product(s) using parts which are used, or equivalent in accordance with industry standards and practice for used products, and which will work for at least the remainder of the Limited Warranty period. ALL PRODUCT(S) SOLD BY DFS PURSUANT TO THESE CONSUMER TERMS ARE USED, AND CONTAIN USED PARTS.
- “Product Description” Is an overview of the Product(s) found at the DFS Refurbished Store. That overview can include its benefits, form factor, presentation, price and purpose.
- “Return Material Authorisation (RMA)" Is part of the process of returning a Product in order to receive a refund, replacement, or repair during the Product's warranty period. Customers must contact DFS in order to obtain authorisation number to return a Product. The RMA number will be used by a customer to reference their return case and should be included in packaging for identification purposes so your return can be processed swiftly.If you do not contact customer support, your return may be rejected. To be eligible for return, the Product(s) must be in the same condition as when shipped to you and all of the manuals, diskettes, power cords, software and other items included with the Product(s) must also be returned. You must return the entire system to us in its original or equivalent packaging.
- “Refurbished Product(s) ” are Off-Lease computers that have been returned to DFS at the end of a lease. DFS fully retests all systems to ensure that every part of the system is fully functional and passes our quality-control procedures. Product(s) may have some observable cosmetic imperfections, but they will not affect the performance of the computer.
- “Service Partners” are third party agents acting on behalf of DFS to provide customer service to customers before, during and after a purchase.
- “Third Party Software” means software (Such as operating system software) which is included as part of your hardware purchase in accordance with these Consumer Terms and applicable software licence terms. The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
2. Order and Acceptance
2.1 You may place an order for Product(s) directly through the DFS Refurbished Store. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and DFS is formed only when DFS accepts your order by issuing you with an Order Confirmation in writing.
2.2 Any Product(s) forming part of your order which are not detailed in the Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact DFS promptly upon receipt, and ideally immediately, so that DFS has an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
2.3 DFS may make minor changes to the specification of the Product(s) you order if for example there is a scarcity of a particular component or for any other reasonable grounds notified to you. Any such minor change will be to at least an equivalent or better specification and will not adversely affect the material functionality or performance of the Product(s). Any such change will be set out in your Order Confirmation. If you notify DFS of your acceptance of any such minor change to your order, or subsequently accept delivery of items listed in the Order Confirmation that are subject to a minor change, and use them, this conduct will constitute acceptance by you of the minor changes in the order.
2.4 If DFS is unable to fulfil your order, DFS will notify you, and any payment received by DFS will be promptly returned.
3. Price and Payment
3.1 DFS requires payment in full prior to delivery/performance, and will suspend delivery and performance until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are inclusive of VAT at the prevailing rate but are not inclusive of delivery charges unless otherwise stated. Your method of payment will be as set out in the payment information on the DFS Refurbished Store.
3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on the DFS Refurbished Store or other advertising, you should contact DFS immediately.
4. Delivery, Ownership and Risk
4.1 The place of delivery and estimated delivery date of Product(s) will be stated on the Order Confirmation. If the estimated delivery date cannot be met, then DFS will notify you with a revised estimated delivery date. If delivery is not made within 30 days from the original date of your order and you have not subsequently accepted delivery or agreed to a delivery date outside the 30 days, you may cancel your order without charge and obtain a full refund. This right is in addition to your “Cooling Off” rights set out in clause 7 below.
4.2 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing, incorrect or damaged, you will promptly notify DFS via the contact details on the DFS Refurbished Store. This will give DFS the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.
4.3 Once DFS delivers Product(s) to you (or your representative) you will take on risk of damage to or loss of the Product(s).
4.4 Ownership of Product(s) will pass to you once DFS receives payment in full, or when DFS delivers the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product(s) does not mean that you own any Intellectual Property in the Product(s) you purchase from DFS. Ownership of such Intellectual Property remains with DFS and any applicable software licensors. If the Contract is terminated before that passing of ownership occurs, DFS may recover any Product(s) supplied to you and you agree to assist DFS in such circumstances.
4.5 Where goods are being returned to DFS through cancellation the transfer of ownership back to DFS shall take place on delivery back to base.
5. Repair or Replacement – Limited Warranty
5.1 You have statutory rights in relation to the Product(s) sold to you. For example, Product(s) sold to you shall be of satisfactory quality and conform to their Product Description. Those rights are not affected by this Limited Warranty. All Product(s) sold by DFS pursuant to these Consumer Terms are used and contain used parts. DFS may repair Products using parts which are used, or equivalent in accordance with industry standards and practice for used products, and which will work for at least the remainder of the Limited Warranty period.
5.2 DFS warrants that Product(s) shall: (i) conform to its Product Description, (ii) be free from material defects for a period of 180 days from date of delivery, and (iii) that spare parts shall be free from defects for 180 days from the date of delivery or for the remainder of the applicable Limited Warranty or statutory warranty period, if longer.
5.3 Under the Limited Warranty, subject to clauses 5.3.1 – 5.3.4 inclusive and clause 5.4 below, DFS shall repair or replace the Product(s) if it develops a material fault in the period of 180 days from date of delivery, on condition that:
5.3.1 the Product has only been subject to normal use in a domestic, non-commercial, non-research environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description;
5.3.2 reasonable care has been taken of the Product(s), and it has only been subjected to reasonable wear and tear;
5.3.3 the fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in environmental conditions harmful to the Product(s), or by Third Party Software or hardware, which has not been supplied, loaded onto or connected to the Product(s);
5.3.4 the part which develops the fault has not been previously modified or repaired by any third party.
5.4 DFS's obligation to repair or replace under clause 5.3 above does not apply to:
5.4.1 consumable components (for example, toner in printer cartridges);
5.4.2 parts which are not critical to Product function, or
5.4.3 cosmetic features of the Product(s).
5.5 You will own all replacement Products and/or parts. DFS shall own any Product(s) and/or parts that are removed pursuant to the Limited Warranty, and, if requested by DFS to do so, you must return them to DFS. The costs of returning such removed parts or replaced Product(s) will be borne by DFS.
5.6 DFS will pass to you, to the extent that DFS is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of third party product or Third Party Software. Without prejudice to your rights against DFS, DFS may therefore ask third party product manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period.
5.7 DFS fully retests all systems to ensure that every part of the system is fully functional and passes our quality-control procedures. Our Refurbished Product(s) may have some observable cosmetic imperfections, but they will not affect the performance.
5.8 Prior to any warranty, refund, repair or replacement return, you must call customer support and request a Return Material Authorisation (RMA) number.
6.1 Repairs under Limited Warranty, will be carried out within a reasonable period, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.
6.2 Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting DFS.
7. Cancellations, Cooling Off and Returns
7.1 Subject to this clause, you have the right to cancel your Contract as follows:You have the right to cancel and return the Product(s) (Cooling Off Rights). That right is for 14 calendar days beginning the later of the day after: - 1) the day you receive your Order Confirmation OR 2) the date of delivery (Cooling Off Period).
7.2 Your right to cancel under this clause 7 is in addition to your right to cancel in the event of non-delivery or delayed delivery.
7.3 To exercise your right to cancel under this clause, you must notify DFS in writing of your wish to cancel you may use the form located here: https://www.dellrefurbished.co.uk/contact and DFS will arrange for collection of the Product(s) or otherwise provide instructions for convenient return.
7.4 Once the Cooling Off Period has ended and you wish to return the Product(s) you must contact DFS using the form located here.
7.5 You must return all cancelled Product(s) to DFS in original condition (you will be responsible for any damage) and within 14 calendar days of your cancellation notice, unless DFS provides a later collection date. Return freight costs will be payable by you. DFS will refund you the price (including standard delivery charge if applicable), less direct return freight costs it has paid on your behalf, as soon as possible and within 14 calendar days of receiving your cancellation notice. However, DFS may withhold payment of your refund pending receipt of the returned Product (in its original condition).
8. Export Control
Please note that Product(s), which may include technology and software, are subject to U.S. export laws as well as the laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, Product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that Product(s) purchased from DFS will not to be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You agree that you will not sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities. DFS will not provide warranty support in respect of a Product(s) which have been exported in violation of these provisions.
9. Intellectual Property Claims
9.1 All Intellectual Property in Dell owned Product(s) is retained by Dell. You must notify DFS immediately of any infringing or unauthorised use of any Product(s) or Intellectual Property in such Product(s).
10. Assignment and Subcontracting
The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer it to any other person without DFS prior written consent. DFS has the right to assign the Contract to any company or entity for any reason.
11. Limitation of DFS liability
11.1 The Product(s) are supplied only for use in a domestic, non-commercial, non-research environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description. DFS shall not be liable for losses relating to any business of yours, such as lost revenue, income or profits, lost data or business interruption.
11.2 You must take reasonable care of the Product(s) and take all reasonable steps to prevent data loss, by installing protection against virus damage, and keeping back up copies of important data on separate media. Home computers in regular use are not supplied for the purpose of the long term storage of important data, unless these basic precautions are taken.
11.3 Neither you nor DFS shall be responsible for any losses suffered as a result of breach of these Consumer Terms by the other party, except to the extent that those losses are a foreseeable consequence of the breach. If any Product develops a fault, you should promptly notify DFS and seek its advice.
11.4 Neither you nor DFS will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.
This limit will not apply to any liability of DFS to you for breach of an agreement to sell you Product(s), or for death or personal injury resulting from negligence.
12. Privacy and Data Protection
Personal data obtained by DFS shall be held and processed in accordance with all applicable laws for various purposes - for example to fulfil requests for products and services and to enhance your experience on the site.
If you breach these Consumer Terms, and DFS takes no action, DFS will still be entitled to exercise its rights and remedies in respect of that breach at a later date, or in any other situation where you breach these Consumer Terms.
14. Amendments to these Consumer Terms
15. Law and Jurisdiction
If the place of delivery of the Product(s) is:
- in England or Wales, the Contract is governed by English law, and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract;
- in Scotland, the Contract is governed by Scottish law, and the courts of Scotland shall have exclusive jurisdiction in relation to the Contract;
- in Northern Ireland, the Contract is governed by the laws of Northern Ireland, and the courts of Northern Ireland shall have exclusive jurisdiction in relation to the Contract.
16. Service Partners
Our customer support operation is managed by our local partner Flextronics Global Services Ltd. who are acting on behalf of DFS for the purpose of managing customer inquiries. Flextronics Global Services (Manchester) Ltd., Stretton Green Distribution Centre, Langford Way,
Appleton, Warrington, WA4 4TQ United Kingdom. Phone: 01925 260 085
17. Alternative Dispute Resolution
Online Settlement Platform For Consumer Disputes:
If you are a consumer customer who has a complaint about Product(s) you have purchased online from DFS, and you have already exhausted DFS own customer complaints process, but have been unable to resolve the dispute satisfactorily, you have the legal right to submit your complaint via the ‘Online Dispute Resolution’ platform set-up by the European Commission. To access the platform, please visit the following link: http://ec.europa.eu/odr
UK Certified Alternative Dispute Resolution Providers:
A list of UK certified Alternative Dispute Resolution providers is available on the UK Chartered Trading Standards Institute website: http://www.tradingstandards.uk/ADRbodies