By purchasing any item from our shop, accepting delivery of any items from our website or by verbally agreeing to partake in any of our other services your implied understanding and agreement to these terms and conditions will be implied. No variation or addition to these conditions shall be effective unless agreed in writing by us.
The ‘Customer’ refers to you, any person or entity that accepts delivery of any items from our website or verbally agrees to partake in any of our other services.‘Us’, ‘Our’ and ‘We’ refer to the business Digital Fracture and its employees. “Good” or “Goods” means the goods (including any instalment of goods or any parts for them), which the Seller is to supply in accordance with these Conditions. “Writing” includes facsimile transmission, email and other comparable means of communication.
The following are the terms of a legal agreement between you and Digital Fracture. No conditions laid out in this document will affect your statutory rights. By purchasing any item from our shop, accepting delivery of any items from our website or by verbally agreeing to partake in any of our other services your implied understanding and agreement to these terms and conditions will be implied. No variation or addition to these conditions shall be effective unless agreed in writing by us.
The customer authorises Digital Fracture to conduct an evaluation of the parts or system to determine the nature of the fault and provide an estimate of repair cost and timing. This evaluation is free and no work beyond this evaluation will be charged without explicit verbal or written approval. Once a service or repair has been agreed we will not change the price unless it is confirmed before payment is due. You also authorise us to accept software end-user licenses, enter license keys to activate various software and to act on your behalf as necessary to complete the repair or service. The customer authorizes Digital Fracture, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
Your legal rights
The customer is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to Digital Fracture. Any property left with Digital Fracture unclaimed for over 90 days (with no contact from the customer), will be disposed of, sold or otherwise reused to recover our costs. After this time, Digital Fracture shall have no liability to the customer or any third party to return the property and complete. We reserve the right to charge for insurance and storage costs for any property that remains uncollected and corresponds to any unpaid invoices for longer than your payment terms allow. Some of our services are outsourced to other local businesses. When this occurs you will be informed beforehand and by leaving your device with us your agreement to their Terms is to be implied. We shall make every reasonable effort to respond to all customer enquiries within 48 hours of receipt of any such enquiry. Complaints will be responded to within 5 working days. Calls may be recorded.
We shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Digital Fracture be liable for any damage to the equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service, even if Digital Fracture has been advised of the possibility of damages or loss to persons or property. Digital Fracture’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The customer and Digital Fracture agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Digital Fracture option, additional attempts by Digital Fracture to recover satisfactory data or refund of the amount paid by the customer. The parties acknowledge that the price of Digital Fracture services would be much greater if Digital Fracture undertook more extensive liability.
The customer is aware of the inherent risks of injury and property damage involved in the repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Digital Fracture, and assumes any and all known risks of injury and property damage that may result.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Digital Fractures hall is subject to correction without any liability on the part of us and without any prior notification to the customer. The views and opinions expressed in any sales literature or on the Seller’s website are the views of the contributors and should not be taken as the views of the company or necessarily as fact.
Digital Fracture agrees not to disclose any and all information or data files supplied with, stored on, or recovered from customer’s equipment except to employees or agents of Digital Fracture subject to confidentiality agreements or as required by law.
Employees of Digital Fracture will only open folders and files if we have been given permission to do so by the customer or if they contain no data other than what is required by the computer to function properly (i.e. Windows operating system folders and files, not your Documents, Videos and other personal folders). Access to your personal folders is sometimes necessary to complete data recovery services, in these instances we will unfortunately have to look at your files; however you should trust that our employees are not permitted to open files unnecessarily and it is highly unlikely they would be interested anyway.
Prices and payment
The price of a particular good or service shall be that shown on our website or if agreed in person with an employee of Digital Fracture. All special offers are strictly subject to availability. All prices are inclusive of VAT (unless stated otherwise), a variable charge for packing, postage or carriage (+VAT) may be added but will be confirmed before the order is placed.
We reserve the right to revise the prices shown on our website and in other sales literature, quotations, and price lists, acceptance of offers, invoices or other document and information issued by Digital Fracture before the dispatch of goods or the completion of services to reflect any indirect or direct increase in costs to us. If this ever occurs, you have the right to immediately withdraw from the sale and will be refunded all costs that have been incurred.
Payment is due in full upon completion of a successful repair, sale or service, prior to release of the repaired machine (whether shipped, or picked up), unless by special previous arrangement.
If we are diagnosing your device we will contact you (usually by phone) to agree the cost of repair before we commence any billable work.
The customer is financially responsible for all shipping costs, custom duties and taxes to and from Digital Fracture. We accept payment via PayPal, VISA, and Master Card
We will not normally accept cheques as payment but may under special circumstances if prior agreement has been agreed with an employee of Digital Fracture.
Generally we do not require our customers to give deposits. However, for orders over £200, when we are building you a PC or where a fix requires ordering a specific part for your device we may require a 50% deposit (up to a maximum of £500). The remainder will be expected on completion of the work or on delivery of the goods unless other terms have been previously agreed.
The following types of product or service are guaranteed by the related warranties and have the following return policies. See the next section for details of how to return goods. Unless otherwise stated, the length of the warranty includes all parts and labour costs to repair the goods for the first year and labour only for any remaining length of time. Retail Products – this includes any product bought from our store or website that was not manufactured by Digital Fracture and is not covered by any other warranty.
These are eligible for returns up to fourteen (14) days after the delivery or collection date. Costs related to returning the product will only be refunded if it is found to be defective and a re-stocking fee may apply if the product is not faulty in some way (see ‘Re-Stocking Fees’ below). If the product develops a fault after this period it must be returned to the manufacturer for repair. We may be able to help you in this situation if you contact us.
Repaired and Upgraded Devices – this includes any repair or upgrade made to any of your devices for a fixed fee, excluding Virus Cleans and Tune Ups (See our ’30-Day no-re-infection Guarantee’ bellow), and Liquid Damage repairs. These are eligible for a three hundred and sixty five (365) day guarantee. If the same fault returns within this period we will repair it again for free. In circumstances where second hand parts are used, a one hundred and eighty (180) day guarantee applies instead.
Laptop Screen replacements are covered by a three hundred and sixty five (365) day guarantee. We will only replace it again if the display develops a fault by itself, this guarantee does not cover accidental breakage, misuse or wear and tear. 3rd Party Laptops and Desktops – this includes any computer system sold that was not manufactured by us.
These are eligible for returns up to fourteen (14) days after the delivery or hand over date. Costs related to returning the product will only be refunded if it is found to be defective and a re-stocking fee may apply if the product is not faulty in some way (see ‘Re-Stocking Fees’ below). If the product develops a fault after this period it must be returned to the manufacturer for repair. We may however be able to help you in this situation if you contact us first. We will inform you of the duration that the manufacturer guarantees the product when you purchase it.
Second Hand PCs and Laptops – this includes any refurbished PC purchased from our shop or through our website. These are eligible for a six (6) month to three (3) year warranty, depending on the system. You will be explicitly told when enquiring as to the length of the warranty period for that particular PC.
These are eligible for returns up to fourteen (14) days after the delivery or hand over date. Costs related to returning the product will only be refunded if it is found to be defective and a re-stocking fee may apply if the product is not faulty in some way.
Custom Built PCs – this includes any computer system built by our staff, bought from our shop or through our website. These are eligible for a three (3) year guarantee. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, or any alteration or repair carried out without our approval.
No fix, no fee guarantee
We offers a guarantee that you will not be charged for anything in the rare occasion of us not being able to fix your computer to an adequate standard. In this situation, you will not be required to pay for any parts, labour or diagnostics. This is only applicable to diagnostics in our shop and does not include additional (but rare) costs such as postage to and from Digital Fracture or previously agreed labour cost.
Whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery will not be guaranteed and Digital Fracture shall 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 any failure to meet any estimated delivery date. A carrier’s first attempt to deliver shall be considered as the delivery date and unless otherwise agreed in writing. The method of dispatch for all sales shall be at the Digital Fracture ‘s discretion.
Returns procedure and cancellations for website sales
All items returned to us should be sent back in their original packaging and with all accessories. If products are packaged unsuitably and therefore sustain any damage during transit you will either not be eligible for a refund or be required to pay the cost of remedying any damage to the goods.
If you have ordered an item by mistake, or have changed your mind, you can send the product back to us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To return a product under the Regulations the product should be in “as new” condition and all software unused, unregistered and unopened. Under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 consumers are entitled to open and inspect goods to ensure goods are acceptable and “as advertised“. If you decide to return goods under these regulations you need to notify us in writing (by letter or email) of your decision to cancel your order under the Consumer Contracts Regulations within 14 days after the day of delivery.
Items over fourteen (14) days from the date of delivery will not be accepted as a return, we may however be able to repair the item or help with returning it to the manufacturer if you contact us. All returns must include any free items given at time of the purchase or these will be charged for, any “free” services are “not returnable” thus they will be taken off any refund at the current charge at time of return. No refund will be given on services, special orders and/or credit card surcharge. All return refunds will be processed within fourteen (14) days of the date we receive the goods.
We aim to complete all services and repairs within seventy two (72) hours. However, some services can take considerably longer, such as when we require parts to be shipped to us. In these situations we will always be upfront and clear about the time it will take us to repair and we will keep you up to date if there are any delays. Most services will in fact only take us around 48 hours, however if you will be in need of the device on a certain date that’s quite soon then you should mention this when talking to one of our technicians, they will be able to provide a much more accurate time estimate after knowing what work is needed.
Your computer must have a genuine operating system installed. Many repairs are not possible on non-genuine or “cracked” versions of popular OS’s due to the untrustworthy changes made in the way that they work in order to be able to use them for free. Many “cracked” releases available online in fact contain security backdoors and even Trojans. They will also not be possible to update using the built in updaters as it will “break” the crack and ask complain of being an illegal copy. If your computer system or equipment is under a manufacturer warranty, our services and repairs may invalidate it. It is your responsibility to assess the effect of our services on any manufacturer’s warranty before allowing us to work on it.
During the booking in of your computer we will ask you for and record certain details which we require to perform the service and/or contact you afterwards. This might include your name, address, phone number and email address. We may also require the password of your device to complete our service. Whilst Digital Fracture will endeavour not to lose any personal data, unless otherwise stated by us the customer is responsible for performing a full backup before bringing their device in for repair. We will do this for you as part of some data recovery and reinstallation of operating system services, but are still not liable for any loss of data that might incur.
Whenever we are required to recover or copy your personal files, we will keep a backup of your data for a period of seven (7) days after the device has been returned to you. This is simply to ensure that you are happy that everything has been transferred back to your device, after this time it will be permanently destroyed. It is the customer responsibility to advise Digital Fracture of any missing data during this time. We are not liable for the loss or theft of this data; however measures are in place to ensure that it is protected in accordance with the Data Protection Act 1998.All media (such as Hard Drives, Memory Sticks, SD Cards etc.) that are used during a data transfer or recovery service will be returned to you on completion of the work. As these are generally redundant, poorly working and full of your personal data we will offer to professionally dispose of both the media and your data for free.
Waste electrical and electronic equipment regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. This legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge. Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health. To help combat this Digital Fracture will offer to accept any WEEE item on a like-for-like basis. For example, if a customer bought a new laptop from us we would accept their old laptop and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item. Customers returning a WEEE item must pay for any post and packaging costs incurred in returning the WEEE item.
In the first instance you will need to complain to the employee of Digital Fracture that you have already been dealing with who will endeavour to resolve the issue to your satisfaction.
On receipt of your complaint, Digital Fracture will:
- Acknowledge and offer a course of action to you within 28 days;
- Carry out any remedial action, after it has been agreed with you, within 8 weeks;
- Try our best to settle complaints amicably;
- Offer you full details of why a complaint will not be upheld (if relevant);
- And cooperate fully with Ombudsman Services and comply with any decision in relation to the complaint if we fail to resolve the issue ourselves.
If you have any questions about any of the above please do not hesitate to ask a member of staff.