+44(0)1622236445

Terms and Conditions

 

TERMS AND CONDITIONS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and Vesaro, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

 

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

"Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

"Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Goods”

means any products that Vesaro advertises and  / or makes available for sale through this Website;

"Vesaro”

means Vesaro, 26, Bell Street, Sawbridgeworth, Hertfordshire, CM219AN, UK ;

"Service”

means collectively any online facilities, tools, services or information that Vesaro makes available through the Website either now or in the future;

"Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

"Premises”

Means our place(s) of business located at Unit H3-H5, Integra, Bircholt Road, Parkwood, Maidstone, Kent, ME159GQ;

"System”

means any online communications infrastructure that Vesaro makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User” / "Users”

means any third party that accesses the Website and is not employed by Vesaro and acting in the course of their employment; and

"Website”

means the website that you are currently using (www.vesaro.com) and any sub-domains of this site (www.vesaro.com/blog) unless expressly excluded by their own terms and conditions.

 

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

 

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

 

4. International Customers

If Goods are being ordered from outside Vesaro’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  Vesaro is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Vesaro cannot guarantee that the packaging of your Goods will be free of signs of tampering.

 

5. Intellectual Property

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Vesaro, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Vesaro.

 

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

8. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Vesaro or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so without prior permission.

 

10. Use of Communications Facilities

10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

10.1.1 You must not use obscene or vulgar language;

10.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3 You must not submit Content that is intended to promote or incite violence;

10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6 You must not impersonate other people, particularly employees and representatives of Vesaro or our affiliates; and

10.1.7 You must not use our System for unauthorised mass-communication such as "spam” or "junk mail”.

10.2 You acknowledge that Vesaro reserves the right to monitor any and all communications made to us or using our System.

10.3 You acknowledge that Vesaro may retain copies of any and all communications made to us or using our System.

10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

11. Goods, Pricing and Availability

11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Vesaro correspond to the actual Goods, Vesaro is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

11.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

11.3 Vesaro does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Website.

11.4 Vesaro reserve the right to discontinue products that are currently available or products that are marked as in development at any time without the prior notice to customers.

11.5 All pricing information on the Website is correct at the time of going online.  Vesaro reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

11.6 In the event that prices are changed during the period between an order being placed for Goods and Vesaro processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

11.7 All prices on the Website do not include VAT. The VAT amount will be added during the checkout process for countries that are part of the EU (European Union) only.  Vesaro’s VAT number is GB126545613

11.8 All advertised prices are in British Pound Sterling GBP and all payments to Vesaro including bank or Wire transfers must be made in GBP.  If transferring in an alternative currency Vesaro will notify you of any shortfall resulting from currency fluctuation during the transfer period and this shortfall will be due to be paid before goods can be released for shipping or collection.

11.9 Vesaro reserve the right to cancel an order or transaction in whole or in part.

11.10 Terms of payment are within the sole discretion of Vesaro and unless otherwise agreed payment must be received before acceptance of an order.

11.11 Invoice amounts are due and payable within the time period stated on the invoice and measured from the date of the invoice.  Where parts of an order are not currently available Vesaro may invoice for those parts separately.

11.12 Unless a request is made to Vesaro for alternative payment terms our standard payment terms are required for all orders. Any order will require payment in advance to enable us to start fullfilment of that order.

11.13 Vesaro is not responsible pricing or other errors and we reserve the right to cancel any orders resulting from such errors.

11.14 You agree and represent that you are buying the products governed by this agreement for your own use and not for resale.

11.15 Due to the nature of PC components rapid development we regularly change the specification of components in our PC range, as such between the time of placing your order and receiving your shipment it is possible for a component update to have occurred and those new components to be displayed on our website.  In this scenario your computer may have already been built with the previous components listed.

The most recent PC component update occurred on the 20th February 2017

 

12. Shipping, Delivery, On-Site Installation & Training Service



Shipping & Delivery

 

12.1 Shipping and handling are additional unless otherwise indicated at the time of sale.

12.2 The estimated shipping date for all Vesaro products marked as "Available Now” in the Configurator is 30 days from date of acceptance of order unless otherwise stated on the Checkout page, your invoice or quote or separately agreed with Vesaro.

12.3 Vesaro will notify you by email if the 30 day window if delivery will be exceeded. Vesaro will not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of the failure to meet any estimated delivery date.

12.4 The risk in the good shall pass form the company to the customer upon delivery of such goods to the customer.

12.5 Where Vesaro is providing a custom bespoke build the delivery estimate will be agreed separately.

12.6 Vesaro offer shipping methods by sea and air.  Shipping estimates and costs will be provided once you have submitted your order enquiry.  Shipping cost is calculated based on volume and weight and will vary depending on the size of your order.  Shipping dates are only estimates.

12.7 Vesaro will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

12.8 If Vesaro receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

12.9 If any Goods you have purchased have faults when they are delivered to you, you should contact Vesaro within 7 days.  Vesaro is responsible for paying shipment costs if we are unable to send a replacement part.  Goods must be returned in their original condition with all packaging and documentation.

12.10 If for any reason the courier has been unable to deliver the items to you signed for by yourself, they will attempt delivery 2 more times.  If they are still unable to deliver the goods the driver will leave a card with a reference telephone number for you to call to arrange delivery at a time that is convenient to you.  If you are unable to take successful delivery within 14 days the item will be returned to us and the shipping cost will be charged to you. Once the item is returned back to us you will need to pay an additional shipping fee to send the item to you.

12.11 Please note that it is imperative that you sign for the goods and any damage is noted on arrival, write on the delivery slip damage that you see and any damage to the packaging e.g. corner of box dented/hole, otherwise should damage later be found we may be unable to claim through the carrier insurance we have taken out for your delivery.  We are not under any circumstances able to compensate you ourselves; this can only be done through the carrier insurance with your co-operation.  If you either do not check delivered goods are working order and undamaged and sign for it or neglect to mark the item as damaged and/or packaging damaged this may affect the ability to claim on the insurance. You must also be diligent and ensure you check the goods are working very soon after delivery (usually 48-72 hours) or this may also invalidate any subsequent claim

 

On-Site Installation
 
 
12.12 Standard price for on-site installation includes Installation to ground floor location and have minimum doorway access of 850mm Width. 
 
If the following is applicable to you:
 
A) The simulator needs to be installed on a second or higher floor or in a basement and/or:
 
then we would be required to send a four man team instead of two in order to safely transport the simulator down/up the stair. If this condition applies then there will be an additional fee of £2000 GBP payable in advance to facilitate the additional staffing and associated costs required. 
 
Alternatively on the day of installation you may provide 2 additional able bodied men to assist our two man team in transporting the simulator down/upstairs, no additional fee will apply in this scenario.
 
A) The simulator cannot fit through a doorway or passage/stairway:
 
we may need to partially or fully dismantle the simulator in order to fit through the doorway/s or passage/stairway and re-assembly at the final location. If this condition applies then there will be an additional fee of £1000 GBP payable in advance to facilitate the additional time and associated costs required. 
 
If both conditions A & B apply then a total additional fee of £3000 will apply.
 
Fee costs exclude any VAT where applicable
 
You are required to notify us at the point of purchase of any of these conditions in order for us to successfully complete the on-site installation.
 
 
Training Service
 
 
12.13 Training will take place on the first and same day as the installation, once installation is complete yourself or a member of your staff should make yourself available to receive training.  If you are not available to receive training on this day should you wish to still receive training at another time a new On-site install & Training will need to be purchased.  Should you be able to receive training on the following day please notify our team who will investigate if they are able to extend there stay, ie flights and accommodation, to enable training to take place on the following day, in this scenario an additional fee of £2000 will apply.
 

13. Returns Policy

Vesaro aims to always provide high quality Goods that are fault free and undamaged. 
On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

13.1 If you receive Goods which do not match those that you ordered you should contact us within 7 days to arrange collection and return.  Vesaro is not responsible for paying shipment costs where the items ordered where incorrectly selected by the customer.  Vesaro will pay the shipping costs where the items delivered are incorrect from the items ordered. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

13.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Vesaro within 7 days.  Vesaro is responsible for paying shipment costs if we are unable to send a replacement part.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. 

13.3 Vesaro will not be responsible for damage or faults caused to goods caused by improper installation and setup of the goods.

13.4 If any Vesaro Manufactured Goods develop faults as a result of manufacturing or material defect within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.  Warranty and service for any products not manufactured by Vesaro are provided by the original manufacturer.

13.5 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to Vesaro within 7 days and arrange collection and return.  Vesaro is responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.  Vesaro will look to obtain proof that the delivery note was marked as delivered damaged.  Once Vesaro is satisfied that the goods where damaged in transit only then will goods be repaired or replaced.

13.6 If you have purchased any individual third party products that are not part of a bespoke Vesaro rig build order then you have the right to cancel your order for those items within seven days of purchase, or seven days from the receipt of the goods (whichever is the longer). You will be responsible for all return shipping costs, import duties and taxes. Goods must be unopened and in resellable condition.

We are unable to refund any returns or exchange on any made-to-order, bespoke or SALE items that are part of a complete Vesaro rig build order. These purchases are non-returnable and non-refundable. A Vesaro rig build order is considered non-returnable where each rig is hand made and tailored to your specific requirement.

13.7 If you wish to return Goods to Vesaro for any of the above valid reasons, please contact us via the contact details or form located at www.vesaro.com or use the contact us page on our site to make the appropriate arrangements.

13.8 Vesaro reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

13.8.1 Abnormal environmental factors including mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electrostatic damage, temperature, pressure, chemical corrosion or water damage. Investigation and repair of goods under such circumstances will be payable to Vesaro by the customer.

13.8.2 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

 

14. Warranties

 

Warranty (Personal and Private use)

A 2 year comprehensive warranty on all components.

A 10 year comprehensive chassis warranty is provided with your Vesaro simulator covering the metal chassis and framework

 

Warranty (Commercial use)

 

A 2 year comprehensive warranty is provided with your Vesaro simulator covering all Vesaro manufactured parts with 2 years of Electronic component cover. Applies to all Vesaro Commercial Line simulators.

 

Commercial use applies to use in a fixed and permanent indoor location, ie. Sim Centre and does not apply to use at indoor/outdoor events and shows and/or where transported to different locations for short term mass public events. Individual electronic component warranties may vary with there respective manufacturies and in such cases can be dealt with direct to the original manufacturer of the part.

 

Extended VIP Warranty Service is available for both Private and Commercial use, renewable on a yearly basis. Contact us for more information.

 

Warranty update Applies from purchases after the 25th February 2015

 

Warranty support process

 

If a problem arrises we will perform remote trouble shooting and if a part needs to be replaced we will send a new part to you for you to swap out. If you do not wish to change the part yourself you can ship the PC or Product back to us and we will replace and return.

 

The customer is responsible for paying all freight charges incurred in shipping on import or export, in the replacement of products and parts and for arranging and payment of the shipment of any faulty part(s) back to Vesaro.  All international customers are responsible for all custom duties, taxes, VAT and any other charges and must be delivered duty paid.

 

Warranty Terms

 

Warranties will not apply if:

 

a - The product/s have been modified, altered, or have suffered damage as a result of inappropriate or abusive use, negligence, an accident, normal wear, failure to comply with instructions provided by Vesaro or any other cause not related to a material defect or manufacturing flaw.

b - Components or products have been used with your Vesaro rig or Vesaro PC that where not provided by Vesaro or not designed to work with Vesaro products.

c - Service including upgrades or replacement is carried out by anyone who is not an official representative of Vesaro. Service including upgrades or replacement can be carried out directly by the customer under direct guidance from a representative of Vesaro if first approved and agreed by Vesaro.

d - A serial number cannot be provided on the main Vesaro frame (Any products requiring warranty support must be associated with a Vesaro simulator frame unique serial number which will require validation)

e - Reference to simulators with a motion system - Simulator is not installed on a flat level surface

 

15. Commercial use

Vesaro permit commercial use of our Commercial Line of products only. If you would like to use a different configuration than is available in our Commercial line of products or modify the Vesaro commercial line products in some way then this must first be agreed with Vesaro and we reserve the right to refuse such a request.

 

Unless agreed otherwise the Vesaro product must be retained in its original form when used in any kind of commercial activity and all Vesaro branding must be kept and not modified or removed in any way. Additional customer branding or removal of Vesaro branding must first be agreed with Vesaro and such a request may be refused.

 

In certain circumstances Vesaro may also specify certain specification for an order, for example the requirement for Vesaro to provide Factory Assembly of the product as part of the order, where Vesaro may deem it necessary to ensure a correct and safe assembly of the product for certain commercial activity.

 

16. Privacy

 

Use of the Website is also governed by our Privacy Policy located at http://www.vesaro.com/privacy.html which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

 

17. Disclaimers

 

17.1 Vesaro makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst Vesaro uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

18. Changes to the Service and these Terms and Conditions

 

Vesaro reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Vesaro is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

19. Availability of the Website

 

19.1 The Service is provided "as is” and on an "as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 Vesaro accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

20. Limitation of Liability

 

20.1 To the maximum extent permitted by law, Vesaro accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein or arising from the use of any Vesaro manufactured product. Users should be aware that they use the Website and its Content at their own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts Vesaro’s liability for death or personal injury resulting from any negligence or fraud on the part of Vesaro.

20.3 Nothing in these Terms and Conditions excludes or restricts Vesaro’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

21. No Waiver

 

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

22. Previous Terms and Conditions

 

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

23. Third Party Rights

 

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Vesaro.

 

24. Communications

 

24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email contact available via the contact page of our website.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 Vesaro may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the unsubscribe link in any email that you receive from us..

 

25. Law and Jurisdiction

 

These Terms and Conditions and the relationship between you and Vesaro shall be governed by and construed in accordance with the Law of England and Wales and Vesaro and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Returns should be sent to :

 

Vesaro Limited
Unit H3-H5, Integra
Bircholt Road
Parkwood
Maidstone
Kent
ME159GQ

 

Company No. 07870285

 

COPYRIGHT © vesaro 2012. All Rights Reserved.