Terms of Service

GENERAL TERMS AND CONDITIONS

1. Scope

1.1. These general terms and conditions ("Terms") govern your access and use of the services provided by NZXT UK Limited ("NZXT", "we", our, "us" ") under the domain www.nzxt.com ("Webshop").

1.2. Through the Webshop, customers can order personal gaming computers, components, peripherals and accessories ("Products") online as registered users or as guest customers ("customers " or " you").

1.3. Orders can only be accepted from customers who are at least the age of 18, or whose legal guardian has consented to the respective order. You must also be located in the United Kingdom ("UK") to purchase from the Webshop. NZXT reserves the right to request proof of age and / or the consent of a parent or legal guardian before a contract is concluded with a customer (see section 3 below).

2. Our contract with you

The customer's contract for all orders through the Webshop (with the exception of the items marked with a corresponding note) is with:

NZXT UK Limited
First Floor,
5 Fleet Place,
London, EC4M 7RD
United Kingdom

Company number: 13755498

VAT registration number: GB 404 9840 91.

3. Conclusion of sales contracts for orders in the Webshop

3.1. The representations of Products in the Webshop do not represent a binding offer to conclude a purchase contract. Rather, it is only an invitation to submit a binding offer by the customer.

3.2. Even adding Products to the shopping cart by the customer does not constitute a binding offer to conclude a sales contract.

3.3. Only by clicking on the "Buy" button after going through the checkout process does the customer submit a binding offer to conclude a purchase contract for the Products in the shopping cart.

3.4. Before sending the order by clicking on the "Buy" button, the customer is given the opportunity to identify and correct input errors.

3.5. As soon as a customer's order has been received by NZXT, the customer receives an email acknowledging receipt of the order by NZXT which includes the order details.

3.6 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched ("Dispatch Confirmation"). The contract between you and us will only be formed when we send you the Dispatch Confirmation.

3.7. NZXT may need to make partial deliveries of the Products, but we will notify you of this first. If partial deliveries are made, NZXT will cover the additional shipping costs.

3.8. The contract is concluded exclusively in English.

3.9. NZXT does not accept orders by phone or email, orders for Products can only be placed through the Webshop.

4. Prices

4.1 The prices displayed in the Webshop are in GBP and include the statutory value added tax applicable at the time you place an order.

4.2 The prices of the Products will be as quoted on our Webshop at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. You will also be responsible for the shipping charges.

4.3 The prices for our Products may change from time to time, but changes will not affect any order you have already placed.

5. Terms of delivery and delivery locations

5.1. Under these Terms, NZXT only delivers to customers in the UK ("Delivery Area").

5.2. Delivery is made to the delivery address specified by the customer in the order details. The dispatch takes place via a reputable third-party carrier.

5.3. From receipt of the order, NZXT usually ships the Products within the Delivery Area within 2-5 working days, unless they fall under Section 5.4. unless they fall under Section 5.4. If the estimated delivery date cannot be met, we will notify you with a revised estimated delivery date. You are entitled to cancel your order, and obtain a full refund if delivery is not made within 30 days from the date of your order.

5.4. Products that are marked with the note "CRFT" in the Webshop or in the order confirmation are specially configured and manufactured for the ordering customer. Due to the individual production, there may be a slightly longer delivery time. Such Products are usually dispatched within five (5) working days of receipt of the contract confirmation. NZXT cannot accept returns of CRFT Products as they are custom-made, and the customer selects the components of the Product.

6. Accepted means of payment

6.1. The Products can be paid for in the Webshop using one of the following accepted payment methods:

  • All major credit and debit cards
  • Klarna Pay Later
  • Shop Pay (in accelerated checkout)
  • Apple Pay (in accelerated checkout)
  • Google Pay (in accelerated checkout)

6.2. Regardless of the chosen payment method, the customer will receive an invoice by email. NZXT bills and sends the invoice to the customer on the day the Products are shipped. The order overview in the Webshop does not represent an invoice.

7. Statutory consumer right to cancel and return the Products

7.1 You may cancel the contract and receive a refund without giving any reason, by notifying us within 14 days of your receipt of the Dispatch Confirmation.

7.2 In order to exercise your right to cancel, you can write to us by submitting a request here or by post to: NZXT UK Limited, First Floor, 5 Fleet Place, London, EC4M 7RD United Kingdom You can use the below sample message below for this, but this is not mandatory.

7.3 If you cancel this contract, we will refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from using an alternative delivery method to the options provided in these Terms) , to be repaid immediately and at the latest within fourteen calendar days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the Products back or until you have provided evidence that you have sent the Products back, whichever is earlier. You must return or hand over the Products to us immediately and in any case no later than 14 calendar days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the Products before the period of 14 calendar days has expired.

7.4 We will bear the costs of returning the Products if you send the Products back using the return label that we provide for this purpose. If you arrange the return without using our return label, you bear the direct costs of the return. You only have to pay for any loss in value of the Products if any damage is caused by your handling of the Products.

Sample cancellation wording:
I / we () hereby withdraw from the contract for the purchase of the following products :. that were ordered on () / received on:
Name of the consumer (s)
Address of the consumer (s)
Collection point of the products (if different from the address of the consumer (s))
Signature of the consumer (s) (only for notification on paper)
Date

7.5 You may also return the Products to us under this Clause 7 and request a refund if they are faulty or mis-described within 30 days of the date you receive the Products, and we will refund the price of the Products on the credit card or debit card used by you to pay.

8. Additional information on processing a cancellation request

8.1. After NZXT has received your cancellation, NZXT will send you a return number and a return label. Please note that NZXT can only cover the costs of the return if you use the return label provided for the purpose of returning the Products you have ordered.

8.2. Please observe all packaging and shipping recommendations to protect the Products so that the Products can be returned as quickly and safely as possible. Your statutory right to cancel remains unaffected by the following packaging and shipping recommendations:

(a) When you have received the return number and the return label, please pack the Products including any data carriers, documentation and other items contained in the original delivery Item and enclosed with the return slip in the original packaging. If the original packaging is no longer available, you can request a shipping box by submitting a request here or use any other stable cardboard packaging. NZXT charges up to GBP 20 plus shipping costs for the provision of a shipping box.

(b) We recommend the use of cardboard packaging that is designed for transport Products with a weight of approx. 18 to 23 kg and with at least 8 cm in all directions from the product to be returned. We recommend filling this gap with cushioning material that will protect the product from being damaged by a fall or impact. We do not recommend the use of packaging chips, newspaper or other crumpled paper, pieces of cardboard or woollen blankets for upholstery, as such material usually does not adequately protect the Product from falling or impact and the product can slip during shipping and hit the inside wall of the cardboard box this can damage it.

(c) If your return includes electronic components (e.g., memory cards, peripheral devices and other highly sensitive Products), we recommend that you pack them in an air mail envelope to provide adequate protection against damage (e.g., from electrostatic discharge). We recommend packing hard disks, floppy disk drives, CD-ROMs and similar devices in a separate cardboard box, as there is usually insufficient transport protection if such devices are sent in the same cardboard packaging as large cargo or if shipping bags are used.

(d) We recommend closing the cardboard packaging after it has been properly filled with tear-proof packing tape with a load-bearing capacity of approx. 28 kg and affixing the return label to it in a clearly visible manner after the cardboard packaging has been closed.

(e) Please do not send the ordered Products back to us without prior consultation. If you have any questions or if you have any doubts, please contact the NZXT customer service at: [+44 1337 327004] or submit a request here

9. Manufacturer's Guarantee

Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

10. Delivery, transfer of risk and title

10.1 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order details and the Products will be at your risk from that time.

10.2 You own the Products once we have received payment in full, including of all applicable delivery charges.

10.3 If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement Products of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.

10.4 If you fail to take delivery within 10 days after the day on which we notified you that the Products were ready for delivery, we may resell part of, or all the Products and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

11. Liability

11.1 References to liability in this Clause 11 include every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.2 We only supply the Products for use by you or internal use by your business, and you agree not to use the Products for any resale purposes.

11.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.

11.4 Where users are business users, we will not be liable for any loss of profits, revenue or sales, and where users are consumers, we will not be liable for any business losses.

11.5 Subject to Clause 11.3, our total liability to you for all losses arising under or in connection with the contract will in no circumstances exceed £1,000 or the price of the Products we received in respect of the purchase or sale of your Products in last 12 months if greater.

11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

12. Privacy

We take the privacy of your personal data very seriously. Please refer to the privacy policy at [https://nzxt.com/legal/privacy-policy] which explains how we use and protect your personal data.

13. Termination

13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the contract on the due date for payment;

(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.

13.2 Termination of the contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14. Events Outside Our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any act or event beyond our reasonable control ("Event Outside Our Control").

If an Event Outside Our Control takes place that affects the performance of our obligations under the contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.2 You may cancel the contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please submit a request here . If you opt to cancel, you will return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

15. Miscellaneous

15.1. Should any individual provisions in these Terms be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

15.2. These Terms and your use of the Webshop shall be governed by English law, and you agree that any dispute regarding your use of the Webshop and / or these Terms will be dealt with by the English courts. The law of their respective place of residence may also apply to consumers within the European Union, provided that it is mandatory consumer law.

Status: June 2022