General terms and conditions
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" mean Substantiel SAS, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 1 filling in the Order Form on the Substantiel Store Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.2 filling in the Order Form and sending a hard copy to us by post to Substantiel SAS, Uk Orders, 33 Avenue Leon Gambetta, 92120 MONTROUGE, FRANCE. You must use the Order Form from the Substantiel Store Web Site. We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Substantiel Store Web Site. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Substantiel Store Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, Substantiel reserves the right to correct the error and to charge you the correct price. Before it does so, Substantiel will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1The price for the Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on The Substantiel Store Web Site
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Substantiel Store from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
5.6 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.
6. Delivery of Your Products
6.1Orders will not be accepted and products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland or the Isle of Man. Orders and deliveries will not be possible for residents in the Channel Islands or the Isle of Wight.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.
6.3 We will use our reasonable endeavours to manufacture your Products within 14 days of the date of issue of your Order Confirmation. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. Actual Product build times may take longer than 30 days from the confirmation of your Order, and if your Order involves build time, you agree that Substantiel may take more than 30 days to complete your Order. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on 0808 234 1634 and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and Substantiel and/or any service provider engaged by Substantiel. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order Confirmation.
6.5Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
7.1Right to withdraw from the contract. If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services.
7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the SubstantielStore website; or b)Services. You may not obtain a refund for a Service if you have commenced use of the Service.
7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement provided: (i) You inform us of your decision to cancel the contract within 14 Calendar Days of delivery of the Product or the date you purchased the Services; and (ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0808 234 1634 between 010:00 and 18.00 Monday to Friday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number. (ii) Substantiel will subsequently arrange for the Product(s) to be collected by Substantiel´s nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. (iii) Before returning any Product(s) to Substantiel please check that you have: 1. Received a RMA number from Substantiel (issued on request). 2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise. 3. Used if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Substantiel reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Sealed the packaging securely. (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by Substantiel show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.
7.5 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0808 234 1634 between 09:00 and 18.00 Monday to Friday.
8.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.2.
8.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund the suctomer for an opened software package unless it is faulty.
9. Telephone Support
9.1 Except as otherwise stated on the Substantiel WebSite at the time you place your Order we will at no additional cost provide telephone support service for Hardware, as defined below, and Substantiel-branded Software (bundled and not bundled), as defined below, which you purchase from the Substantiel Store Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice). For Support for non-Substantiel-branded Products you must contact the relevant manufacturer.
9.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The telephone support service is available between 09:00 and 18 on Working Days. The telephone number for the telephone support service will be supplied with your Products.
9.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.
10. One (1) year Limited Warranty
10.1 All new Hardware carries a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. Such warranty terms and conditions are also contained in your Substantiel Hardware box. Such a limited warranty covers Substantiel Hardware (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licences for warranties which may apply to your Software.
Whenever calling us in relation to your warranty entitlement you should do so between 09:00 and 18:00 on any Working Day and quote your Substantiel Hardware´s serial number. The telephone number for warranty service is supplied with your Substantiel Hardware. You will bear the cost of telephone calls you make to us at your national rate.
10.2 Non-Substantiel-branded/Third-party Products For non Substantiel-branded Products (including non Substantiel branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone.
10.3IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which Substantiel is required to make, and Substantiel makes these implied warranties and conditions to the extent Substantiel is required to do so. You should contact your local citizen’s advice bureau for more information about these requirements. If these implied warranties and conditions are not required to be made by Substantiel, Substantiel does not make them. In particular, Substantiel will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to Substantiel.
11.4 In cases where consumers claim financial compensation under statute, Substantiel will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 11.5 and 11.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
12. Contacting Substantiel
You can contact us:
by telephone on Freephone 0808 234 1634 between 09:00 and 18:00 Mondays to Fridays;
by post at Substantiel SAS, 33 Avenue Leon Gambetta, 92120 Montrouge, FRANCE
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
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14. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order or telephone Order for the purposes of processing your Order. Please note that we may also share such data globally within the Substantiel group of companies. All Substantiel companies will protect your information. We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, send us an email at
to update your personal contact preferences.
15. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England or Wales and the laws of England and Wales will apply. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a mouse or laptop bag;
"Substantiel Website" means our web site for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man the web address of which is http://www.ordissimo.co.uk;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any Substantiel-branded Product which is not Software, Services or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Substantiel Store Web Site;
"Product" means any product listed on the Substantiel Store Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the Substantiel Store Web Site which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
"Territory" means the countries of Austria, Belgium, Denmark, Finland, France (mainland only), Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Spain (mainland only) Sweden, Switzerland and United Kingdom
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.