Terms & Conditions

1. WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS

You can find everything you need to know about us, LA Micro Group (UK) Limited (company number 05113241) and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order by email.

Our head office address is Astro House, Unit 2, Brants Bridge, Bracknell, Berkshire, England, RG12 9BG

We use the trading names “Bytestock” and “LA Direct Solutions” which are referred to in these terms.

2. WE DON’T GIVE BUSINESS CUSTOMERS ALL THE SAME RIGHTS AS CONSUMERS.

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products.

Where a term applies just to business customers or just to consumers, this is clearly stated.

You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession. A legal entity such as a company or limited liability partnership cannot therefore be a consumer.

You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

3. WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

  • We only accept orders when we’ve checked them.
  • Sometimes we reject orders.
  • We charge you:
    • for online orders, when you place your order; or
    • if you are a business account customer with whom we have agreed extended payment terms, when we accept your order.
  • We charge interest on late payments.
  • We pass on increases in VAT.
  • We’re not responsible for delays outside our control.
  • Products can vary slightly from their pictures.
  • Products will not be new unless we have expressly stated in writing that they are (and if you are intending to re-sell a product that you buy from us, you must not describe it as new to your customers or prospective customers or in any marketing or other promotional materials or media).
  • You’re responsible for making sure your measurements are accurate.
  • We may charge you if you don’t give us information we need or we do preparatory work as agreed with us.
  • If you are a consumer and you bought online or over the telephone you have a legal right to change your mind.
  • You can end an on-going contract (see clause 17 below).
  • You have rights if there is something wrong with your product.
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don’t compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Notice.
  • You have several options for resolving disputes with us.
  • Other important terms apply to our contract.

4. IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase and if you have purchased from us previously under different terms, these terms supersede and replace any previous terms. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

5. WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM

We contact you to confirm we’ve received your order but that does not mean we have accepted it. We accept it when we dispatch or supply the product to you.

6. SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product is age-restricted), because you are located outside the UK or our international delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

7. DELIVERY OF GOODS

7.1 We deliver throughout the UK and internationally to the countries listed on our website. However, there are restrictions on some goods for certain international delivery destinations, so please review the information on our website carefully before ordering goods for delivery outside the UK.

7.2 If you order goods for delivery anywhere outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges, and we cannot predict their amount. You should contact your local customs office for further information before placing your order.

7.3 You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.

8. SANCTIONS COMPLIANCE

8.1 In these terms:

“Sanctions” means any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority.

“Sanctions Authority” means the UK and the United Nations (UN) (and any other governmental authority with jurisdiction over us or you or any part of your business or operations, and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities, including (without limitation)] the UN Security Council, Her Majesty’s Treasury and the UK’s Office of Financial Sanctions Implementation and Department of International Trade.

“Sanctions List” means any of the lists issued or maintained by a Sanctions Authority designating or identifying persons that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time, including (without limitation) the UK Sanctions List, Consolidated List of Financial Sanctions Targets in the UK and the Consolidated United Nations Security Council Sanctions List.

“Sanctions Proceedings” means any actual or threatened:

    1. litigation, arbitration, settlement or other proceedings (including alternative dispute resolution, criminal and administrative proceedings); or
    2. investigation, inquiry, enforcement action (including the imposition of fines or penalties) by any governmental, administrative, regulatory or similar body or authority,

in each case relating to, or in connection with, any actual or alleged contravention of Sanctions.

“Sanctions Target” means a person that is:

    1. listed on a Sanctions List;
    2. owned or controlled by a person listed on a Sanctions List;
    3. resident, domiciled or located in, or incorporated or organised under the laws of, a country or territory that is subject to any Sanctions; or
    4. otherwise identified by a Sanctions Authority as being subject to Sanctions.

8.2 Sanctions

8.2.1 By ordering from us you are confirming that you are not:

8.2.1.1 a Sanctions Target and have not been a Sanctions Target at any time and that nothing has occurred that could result in you becoming a Sanctions Target;

8.2.1.2 contravening and have not contravened any Sanctions at any time.

8.2.2 You also confirm that you have not in any way been involved in any Sanctions Proceedings (other than for the sole purpose of providing information or evidence in respect of such proceedings) at any time and there are no circumstances likely to give rise to any such Sanctions Proceedings.

8.3 You confirm that in connection with any goods you order from us you will:

8.3.1 not contravene any Sanctions, or trade, sell, export or contravene any export requirements relating to Sanctioned Countries;

8.3.2 not do, or omit to do, any act that will cause or lead us to contravene any Sanctions;

8.3.3 implement adequate policies and procedures to ensure compliance with Sanctions;

8.3.4 certify to us, in writing signed by one of your officers, your compliance with clause 8.3.1 to clause 8.3.3 and provide evidence of compliance if we ask you for it; and

8.3.5 keep at your normal place of business detailed, accurate and up to date records and books of account sufficient to enable verification of your compliance with your obligations under clause 8.3.1 to clause 8.3.3 and permit their audit as set out in clause 8.4.

8.4 You must permit us or our representatives, on reasonable notice during normal business hours (but without notice if we reasonably suspect you have breached your obligations in any of clauses 8.3.1 to clause 8.3.3) to access and take copies of records and any other information on your premises and to meet with your staff to audit your compliance with your obligations under clauses 8.3.1 to clause 8.3.3.

8.5 Further details on UK restrictions for export can be found at https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions.

8.6 You must immediately notify us in writing if you:

8.6.1 become a Sanctions Target or anything happens that could result in you becoming a Sanctions Target;

8.6.2 contravene any Sanctions; or

8.6.3 you become aware of any breach or suspected breach of this clause 8;

and you must provide such information about such fact or circumstance or about the breach as we require to comply with our obligations to any Sanctions Authority or which we otherwise reasonably request.

8.7 If you become a Sanctions Target, are involved in Sanctions Proceedings (other than for the sole purpose of providing information or evidence in respect of such proceedings) or contravene Sanctions or anything occurs that could reasonably be expected to result in any of these things happening, we will be entitled to terminate or suspend our performance of any contract we have entered into with you. We will inform you of our decision to do so in writing, and it will not affect any other rights or remedies we may have.

9. WE CHARGE YOU WHEN YOU ORDER OR WE ACCEPT YOUR ORDER OR WE SUPPLY YOUR PRODUCT (SEE CLAUSE 3)

However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

10. IF YOU ARE A BUSINESS CUSTOMER YOU HAVE NO SET-OFF RIGHTS

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11. WE CHARGE INTEREST ON LATE PAYMENTS

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

12. WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

13. WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay exceeds 6 months you can contact our Customer Service Team on +44 (0) 1753 625111 to end the contract and receive a refund for any products you have paid for in advance, but not received.

14. PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES OR PUBLISHED SPECIFICATIONS

A product’s true appearance may not exactly match that shown on our website, in our marketing or its packaging may be slightly different. Specifications may vary slightly but not in a way that materially affects the performance of the product.

15. YOU ARE RESPONSIBLE FOR MAKING SURE ANY PRODUCT MEETS THE SPECIFICATIONS YOU REQUIRE BEFORE YOU ORDER IT.

If we are sourcing or supplying the product to match your specifications, you are responsible for making sure those specifications are correct.

We charge you if you don’t give us information we need or any specifications you provide are inaccurate and result in us purchasing products which do not meet your requirements or carrying out other work as agreed with you.

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery, installation, or to provide services or if you don’t do preparatory work for delivery or installation, as agreed with us.

16. IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE, OVER THE TELEPHONE OR VIA EMAIL CORRESPONDENCE, YOU SOMETIMES HAVE A LEGAL RIGHT TO CHANGE YOUR MIND.

16.1 Your legal right to change your mind:

For most of our products bought online, over the telephone or via email, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

16.2

Your legal rights
14 days to change your mind, for online, telephone, mail order and doorstep sales only.
You pay costs of return

16.3 When you can’t change your mind:

You can’t change your mind about an order for:

    • digital products, after you have started to download or stream these;
    • services, once these have been completed;
    • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
    • goods that are made to your specifications or are clearly personalised; and
    • goods which become mixed inseparably with other items after their delivery.

16.4 The deadline for changing your mind.

If you change your mind about a product you must let us know no later than 14 days after:

    • the day we deliver your product if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
    • the day we confirm we have accepted your order, if it is for a service, for example, installation and/or configuration of products;
    • the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.

16.5 How to let us know. To let us know you want to change your mind, contact our Customer Service Team to obtain an RMA approval by visiting http://lamicro.zendesk.com/.

16.6 You must return the product to us. If your product is goods, you must return it to us within 14 days of telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, see our Returns Process: by visiting http://lamicro.zendesk.com/ and contact our Customer Service Team.

16.7 We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.

16.8 You have to pay for services you received before you change your mind. If you bought a service (such as installation of products) we don’t refund you for any of those services we had performed before you told us you’d changed your mind.

16.9 We reduce your refund if you have used or damaged a product or its packaging. If you handle the product in a way which would not be acceptable, we reduce your refund to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”,  tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team http://lamicro.zendesk.com/ can advise you on whether we’re likely to reduce your refund.

16.10 When and how we refund you. If your product is a service, digital content or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

17. YOU CAN END AN ON-GOING CONTRACT
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we’ve accepted your order.

18. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

18.1 If you think there is something wrong with your product, you must contact our Customer Service Team: http://lamicro.zendesk.com/. They will explain what you need to do to exercise your rights under these Terms and Conditions. In most cases, you will need to return the product to us. When doing so, you must follow our instructions in relation to packing the product for return, to avoid it being damaged in transit. You will be responsible for meeting the cost of returning the product to us and insuring the product in transit, as it will remain at your risk until it is delivered to us. If you are entitled under the applicable warranty to a replacement product, repair or refund, then we will reimburse you for the reasonable cost of returning the product to us.

18.2 Manufacturer’s warranties may apply to certain products. If the benefit of any manufacturer’s warranty in relation to a product can be passed on to you, we will do so. There may be a specified process to pass on the benefit of a manufacturer’s warranty, which you will need to comply with in order to obtain the benefit of the warranty. The validity of a manufacturer’s warranty will also be subject to conditions which can be obtained from the manufacturer and are normally accessible on the manufacturer’s website by reference to the model/serial numbers of the product. Manufacturers’ warranties will be invalidated if you fail to comply with the manufacturer’s warranty conditions, for example, by replacing parts with parts manufactured by somebody else, using the product for purposes which are unlawful, or for which it was not designed, or failing to use or maintain the product in accordance with manufacturer’s instructions. Manufacturers generally allocate their products for sale in specified geographical regions, for example, the UK, Europe, the USA, EMEA or other regions. A manufacturer’s warranty will also be invalidated if you buy the product from us in one manufacturer’s region and sell it on to another person in a different region.

18.3 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights
If your product is goods, for example Server Parts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get a refund.

Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example software,  the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you’re entitled to a repair or a replacement.

If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example engineering services,  the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.

If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

18.4 Your rights if you are a business.

18.4.1 We warrant that on delivery, and for a period of 30 days from the date of delivery (warranty period), any products which are goods shall:

        • subject to clause 14, conform in all material respects with their description and any relevant specification on our website;
        • be free from material defects in design, material and workmanship;
        • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
        • be fit for any purpose held out by us.

18.4.2 In addition to the above warranty, we may provide enhanced warranty protection on certain products. Details of any enhanced warranty protection will normally be set out on the relevant product page on our website. We may also agree specific enhanced warranty terms with you which we will confirm in writing when supplying the product to you.

18.4.3 Any warranty we give will be invalidated if you fail to follow our own or any manufacturer’s instructions for the installation, use, care and maintenance of the product, interfere or tamper with the product, for example, by replacing parts, or use the product for purposes which are unlawful, or for which it was not designed.

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18.5 Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty below) if:

    • you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty; and
    • we are given a reasonable opportunity of examining such product; and
    • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

18.6 Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business above) if:

    • you make any further use of such product after telling us it is non-compliant;
    • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
    • the defect arises because we followed any drawing, design or specification supplied by you;
    • you alter or repair the product without our written consent; or
    • the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

19. WE CAN CHANGE PRODUCTS, AND THESE TERMS

19.1 Changes we can always make. We can always change a product:

    • to reflect changes in relevant laws and regulatory requirements;
    • to make minor technical adjustments and improvements, for example, to address a security threat. These are changes that don’t affect your use of the product; and
    • to update digital content, provided that the digital content always matches the description we provided to you before you bought it. We might ask you to install these updates.

20. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

20.1 We can suspend the supply of a product. We do this to:

    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements; or
    • make changes to the product (see We can change products and these terms).

21. WE CAN WITHDRAW PRODUCTS

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 7 Days in advance, and we refund any sums you’ve paid in advance for products which won’t be provided.

22. WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

  • you don’t make any payment to us when it’s due and you still don’t make payment within 3 days of our reminding you that payment is due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, information about a sales cycle on constrained, embargoed product, or otherwise required for our compliance with any applicable laws or regulations;
  • you don’t, within a reasonable time, allow us to deliver the product to you or you don’t collect it from us (or arrange for its collection) on the collection date we have agreed.

23. WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

23.1 Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

    • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
    • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
    • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
    • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.
    • Misuse, abuse or failure to follow instructions. We will not be responsible for any loss or damage caused by your misuse or abuse of any product, or its use for purposes for which it is not designed, or which results from any failure to follow instructions for use of the product which are supplied with it (whether by way of hard copy instructions or links to our own or any manufacturer’s website or other media).

23.2 Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude below:

    • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
    • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products under such contract.

23.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

    • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);
    • fraud or fraudulent misrepresentation;
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    • defective products under the Consumer Protection Act 1987; or
      any matter in respect of which it would be unlawful for us to exclude or restrict liability.

23.4 No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

24. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: https://lamicro.co.uk/privacy-policy

25. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

25.1 Contact our Customer Service Team: http://lamicro.zendesk.com

25.2 You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

26. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

26.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product or service.

26.2 You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer we may not agree if we feel there is a conflict of interest. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

26.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

26.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

26.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.