ComWales Consumer Terms & Conditions Of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website ComWales.com (our site) to you.The images on the site are for illustration purposes only and the actual item may vary, please check the part and ean numbers are what you require before ordering. These terms and conditions only apply if you are buying as a consumer. Trade Customers are subject to our trade terms and conditions which can be accessed via ComWales Business Terms and Conditions
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please tick the box marked “I agree to the ComWales Terms and Conditions” at the end of ordering process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
ComWales is a site operated by ComWales Limited (we). We are registered in England and Wales under company number 8806753 and with our registered office at Capital Tower Business Centre, 3rd Floor, Capital Tower, Greyfriars Road, Cardiff, CF10 3AG.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.
3. Your status
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old;
you are resident in the United Kingdom (mainland only); and
you are accessing our site from the United Kingdom (mainland).
4. How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.
Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.
5. Consumer rights
If you are contracting as a consumer, you may cancel a online Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Retail customers cannot cancel a sale once the goods are paid and left the store. Your statutory rights apply in England and Wales.
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any of the following Products:
Music, computer software which has been unsealed and retail items that have been used; and
consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This provision does not affect your statutory rights.
If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then our average is 3-5 working days from the date of the order Acceptance Confirmation, unless there are exceptional circumstances. Our shipping agents are Royal Mail, UKMail, DPD and TNT, tracking details will be supplied when they are received from warehouse. UKMail and DPD can be tracked on their websites, tnt 5 didgit numbers be tracked by the TNT website. Any other method than Royal Mail is deemed as a contract for shipping and is non refundable unless damage or loss occurs.
Delivery will be made to the address specified in your order. Should you wish refuse or change the delivery address after your order has been dispatched from us, a charge of £10 will be made by the shipping agent (a redirection approval is subject to your order and account status). The contract for shipping charge will still apply exept for royal mail postal charges.
Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.
There will be no delivery or remoave of good from store until clear funds have been received.
7. Risk and title
The Products will be at your risk from the time of delivery or removal from store.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo. We shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using PayPal or card as your payment method we reserve the right to not ship to unconfirmed / non billing addresses.
Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail. We will charge you an administration fee of £5 each time your bank is unable to process your payment.
9. Our refunds policy
When you return a Product to us:
because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you if posted. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit;
for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.
If you elect to return the defective Product to us using your own method of delivery, we will refund up to £4.00 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
Refunds of any money received from you will be made using the same card originally used by you to pay for your purchase and paid back into the same account.
To return a Product for any other reason, see our Returns Policy
10. Our liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.
Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation;
for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.6 inclusive of this clause 10.5.
11. Data Protection
For your security, when ordering from us we only use Secure Socket Layer 3 (SSL3) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.
12. Protecting your security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998 and GDPR.
During security checks we may ask for additional information or documentation to help support the data you have supplied.
13. Import duty
If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to ComWales, Market Street, Pontypridd, R.C.T. Wales CF37 2ST. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
ComWales, Capital Tower Business Centre, 3rd Floor, Capital Tower, Greyfriars Road, Cardiff, CF10 3AG
We know that you will be pleased with your purchases from ComWales. However, there may be occasions when you will need to return items to us @ Returns dept, Unit 21, The Innovation Centre, EBBW VALE NP23 8XA.
Non Receipt Of Items
If you have not received your items you must let us know within 7 days from the estimated delivery date. Once we know you have not received your item we will investigate the matter fully both internally and with our carriers. Unfortunately we cannot investigate non receipt deliveries after this time has elapsed.
Returns using your own method of delivery
Only for items that are faulty from supply within 14 days. If you elect to return the defective product to us using your own method of delivery, we will refund up to £4.00 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs. We will not pay or refund any shipping fees if you just change your mind about your purchase.
Items Damaged in Transit
If any items were damaged in transit, we ask that you report it to us within 24 Hours (please note that this is 12 hours for our business customers). If the items are visibly damaged on receipt, it's best to sign the carrier's delivery note accordingly. Items should be returned in their original packaging complete with all accessories and documentation. Once received back into our warehouse, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs £4 if you do not use our returns label.
Items Faulty on Arrival
If your items are faulty on arrival, you have 28 calendar days in which to inform us of the fault (please note that for our business customers, this is 14 calendar days). Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.
Items Faulty in Warranty Period
If any of your purchases develop a fault, and it's more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 28 days of receipt are referred directly to the manufacturer (unless otherwise stated)
Please note that our open-box/ex-display stock is sold with 90 calendar days warranty only, and therefore any claims under the warranty after 90 days of receipt will not be accepted.
If you change your mind
Instore customers cannot cancel once the item has been paid for, removed and used. Online If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (Consumer contract) you can do so provided you inform us of your decision within 14 days of receipt.
The item must not be used and must be 'as new' when returned to us, or a fee may be charged. Once you've informed us that you wish to return goods under the DSR, you have 14 calendar days to do so, at your own expense. Once the item is received at ComWales, we'll issue a full refund for the product to your original payment method and the postage if posted. Contracts for shipping are non-refundable. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to purchases made in store or @work customers or our Business customers B2B) Items outside of DSR or damaged / incompatible may be refused and returned we reserve the right to offer a refund subject to a restocking @ 30% fee if applicable and offered. Retail customers are not entitled to a change of mind refunded unless we have agreed in advance as we do not sell goods on a trial basis.
Need to return an item?
You can request a return using our easy to use, online returns system which is accessed via your account. Alternatively send your item to the above listed address with your order details and reason for return or pop into store to discuss your issue.
In addition to this policy you should also refer to our general B2C Terms and Conditions of Sale.
What is the ISO 13406-2 standard for LCD screen pixel faults?
All LCD displays sold at ComWales adhere to the ISO 13406-2 standard with regard to pixel faults. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty. The below is relevant to Class II LCD panels.
The standard of production techniques today cannot guarantee an absolutely fault free screen display. A few isolated constant lit or unlit pixels may be present.
The table below shows the allowable number of malfunctioning pixels that are acceptable, depending on the native resolution of the LCD and allowing for 2 malfunctioning pixels per million pixels.
Native Resolution No. of Pixels No. of Million Pixels Acceptable Defects
1024 x 768 786,432 0.8 2
1280 x 1024 1,310,720 1.3 3
1600 x 1200 1,920,200 1.9 4
2048 x 1536 3,145,728 3.1 6
The table below shows the allowable number of malfunctioning sub-pixels that are acceptable, depending on the native resolution of the LCD and allowing for 5 malfunctioning sub-pixels per million pixels.
Native Resolution No. of Pixels No. of Million Pixels Acceptable Defects
1024 x 768 786,432 0.8 4
1280 x 1024 1,310,720 1.3 7
1600 x 1200 1,920,200 1.9 10
2048 x 1536 3,145,728 3.1 16
The table below shows the allowable number of malfunctioning sub-pixels that are acceptable within a 5 x 5 block of pixels, depending on the native resolution and allowing for 2 malfunctioning sub-pixels within a 5 x 5 block, per million pixels.
Native Resolution No. of Pixels No. of Million Pixels Acceptable Defects
1024 x 768 786,432 0.8 2
1280 x 1024 1,310,720 1.3 3
1600 x 1200 1,920,200 1.9 4
2048 x 1536 3,145,728 3.1 6
Service standards – what you should expect
We undertake to:
• be polite, courteous, and efficient at all times if we are receiving the same treatment.
• respond to all emails, letters, and faxes within 5 working days, or sooner for urgent matters
• return all telephone calls within 24 hours, or sooner for urgent matters
• answer 90% of all telephone calls within 120 seconds
• return all calls to any of our helplines within 8 working hours
• send an acknowledgement to any claim by the end of the next working day after it is received
• contact the party reporting the claim within 5 working days of us having all the information needed to assess cover, advising whether or not the claim is covered and what we have done to progress the matter
• try to resolve any complaint by the end of the third working day after it was received. If that is not possible, we will send an acknowledgement within five working days, and aim to provide ComWales Ltd formal response to the complaint within two weeks of it being reported to us. This response will also set out your right to refer the matter further if you remain dissatisfied. Further details are set out below. .
Explaining our complaint handling procedure.
We promise to deal with all complaints:
promptly objectively sympathetically thoroughly
We aim to provide a standard of service to our customers and business partners that is second to none, but occasionally things can still proceed in a way that was not intended. Should this occur, as part of our commitment to excellence, our complaint handling procedure is designed to resolve any problems quickly and easily.
Step 1 When first reporting a complaint, please provide your order or customer number, our reference, full details of your dissatisfaction, and what you would like us to do in order to resolve the matter.
In the first instance, we would encourage you, by whichever method is most convenient to you, to contact either the person who is dealing with the matter, or if this is not appropriate for whatever reason, you can contact our Customer Relations Department directly, using any of the following methods:
01495687587 (hours of operation are 9am - 5pm, Monday to Friday excluding bank holidays). For our mutual protection and training purposes, calls may be recorded.
COMWALES LTD, Capital Tower Business Cent, 3rd Floor, Capital Tower, Greyfrairs, CARDIFF CF10 3AG
Acknowledging your complaint If your complaint is relatively straightforward it may be possible to resolve it very quickly. If we are able to resolve your complaint before the end of the third working day after it is received by us, we will send you a ‘Summary Resolution Communication’ promptly, with confirmation of the action we have taken to resolve your complaint. In all other cases, we will send you a written acknowledgement of your complaint promptly, normally within five working days of receiving it. If you have made your complaint to us verbally, we will confirm to you our understanding of the reasons for your dissatisfaction, and ask you to advise us if you do not agree. Investigating your complaint Your complaint will then be investigated by a senior official of the Company who is not directly or indirectly the subject matter of the complaint. In order to reach a fair conclusion, we will review the information available to us, which will include all records on our files along with a report from the party to whom the complaint relates. We will endeavour to complete our investigation and reach a conclusion as soon as possible. The length of time this will take will be determined by the complexity of the complaint and the extent of the investigation required. During our investigation, we may ask you for additional information to help us reach a conclusion. COMWALES LTD aims to provide a full response to any complaint within fourteen calendar days of it being reported.
Step 2 If you remain dissatisfied you can pursue your complaint further with an appeal.
Step 3 If we are not able to resolve the telecoms complaint to your satisfaction, then you may be able to refer the matter to Ombudsman Services. They can be contacted at:
Ombudsman Services (Telecoms)
3300 Daresbury Park
Alternatively, if you are a consumer and your complaint relates to on an online purchased from us via electronic means (e.g. on-line or via email or mobile ‘phone) then you will be able to use the EC On-line Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. Eligible complainants include:
• all personal customers
• commercial customers with an annual business turnover and/or balance sheet value of less than €2m, with fewer than 10 employees