Dear Customer
Thank you for choosing 2coves. Please read these Terms and Conditions carefully.

Your purchase is from 2coves Technology Ltd, incorporated in England – registered no. 07680412 with registered office at Companies House Crown Way, Cardiff, CF14 3UZ, DX 33050, Cardiff,

c/o 2Coves Technology Ltd.
3 Middle Walk
St Austell
Cornwall
PL26 6BB

or such other 2coves legal entity detailed on your Order Confirmation.

1. Consumer Terms and Application

1.1 These terms and conditions govern the sale of Products and Services by 2coves directly to you through 2coves’s online ‘For Home’ store at www.2coves.co.uk or through telephone orders only and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being a individual or individuals purchasing Product(s) and/or Services from 2coves for purposes which are outside your trade, business, craft or profession and with a United Kingdom address for delivery of those Product(s) and/or Services. Please note that 2coves will not accept liability for any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using Product(s) and/or Services purchased under these Consumer Terms.

1.2 If you are purchasing Product(s) and/or Services for the purposes of your trade, business, craft or profession, please refer to 2coves Commercial Terms of Sale to Business Customers.

1.3 If you are purchasing Product(s) and/or Services for in order to resell, please refer to 2coves’s Terms and Conditions of Sale for Persons or Entities Purchasing to Resell.

1.4 If you are purchasing or have purchased 2coves Product(s) or Services from a third party retailer or reseller, these Consumer Terms will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.

1.5 If the address to which the Products and/or Services are to be delivered is outside the UK, please refer to 2cove’s Terms and Conditions applicable to the country in which delivery is to take place.

1.6 Other key definitions in these Consumer Terms are:

“Basic Warranty” means the basic or standard warranty or service plan provided by 2coves in respect of any 2coves Product as set out in clause 5;

“Contract” means the contract for the sale of Products and /or Services by 2coves directly to you in accordance with these Consumer Terms;

“2coves’s Online Store” means 2coves’s online ‘For Home’ store at www.2coves.co.uk;

“2coves Product” means 2coves branded Product;

“2coves Software” means software which is owned by 2coves, and is available for purchase by you from 2coves in accordance with these Consumer Terms and the applicable software licence terms;

“Description” means the descriptions of 2coves Product(s) and/or Service offerings found at 2coves’s Online Store;

“Extended Warranty” means the extended warranty or service plan(s) offered by 2coves in respect of 2coves Products and as detailed in the relevant Service Description;

“Intellectual Property” means any patents, registered and unregistered trade marks, registered and unregistered service marks, database rights, registered and unregistered designs and applications for all of the above, copyright, know-how, trade and business names, domain names, moral rights and any other similar protected rights in any country;

“Product(s)” means the hardware and software product(s) listed on 2cove’s Online Store which 2coves agrees to sell to you in accordance with these Consumer Terms;

“Services” means the services, listed on 2coves’s Online Store available for purchase by you in accordance with these Consumer Terms;

“Third Party Product” means any Product which is not 2coves branded and is available for purchase by you in accordance with these Consumer Terms;

“Third Party Software” means software that is not 2coves Software that is available for purchase by you in accordance with these Consumer Terms and applicable software licence terms. The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

2. Order and Acceptance

2.1 You may place an order for Product(s) and/or Services directly with 2coves either online or by telephone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and 2coves is formed only when 2coves accepts your order by issuing you with an Order Confirmation in writing.

2.2 Any Products and/or Services forming part of your order which are not detailed in 2coves’s Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact 2coves promptly upon receipt, and ideally immediately, so that 2coves has an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.

2.3 2coves may make minor changes to the specification of the Product you order if for example there is a scarcity of a particular component or for any other reasonable grounds notified to you. Any such minor change will be to at least an equivalent or better specification and will not adversely affect the material functionality or performance of the Product or performance of the Service. Any such change will be set out in your Order Confirmation. If you notify 2coves of your acceptance of any such minor change to your order, or subsequently accept delivery of items listed in the Order Confirmation that are subject to a minor change, and use them (or unseal the Software delivered to you), this conduct will constitute acceptance by you of the minor changes in the order.

2.4 If 2coves is unable to fulfil your order, 2coves will notify you, and any payment received by 2coves will be promptly returned.

3. Price and Payment

3.1 2coves requires payment in full prior to delivery/performance, and will suspend delivery and performance until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are not inclusive of delivery charges unless otherwise stated. Your method of payment will be as set out in the payment information on 2coves’s Online Store, will be notified to you in advance as set out in clause 6.4 below.

3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on 2coves’s Online Store or other advertising, you should contact 2coves immediately.

4. Delivery, Ownership and Risk

4.1 The place of delivery and estimated delivery date of Product(s) and/or Services will be stated on the Order Confirmation. If the estimated delivery date cannot be met, then 2coves will notify you with a revised estimated delivery date. If delivery is not made within 30 days from the original date of your order and you have not subsequently accepted delivery or agreed to a delivery date outside the 30 days, you may cancel your order without charge and obtain a full refund. This right is in addition to your “cooling off” rights set out in clause 8 below.

4.2 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing, incorrect or damaged, you will promptly notify 2coves in writing or by email. This will give 2coves the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.

4.3 Once 2coves delivers Product(s) to you (or your representative) you will take on risk of damage to or loss of the Product(s).

4.4 Ownership of Product(s) will pass to you once 2coves receives payment in full, or when 2coves delivers the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product does not mean that you own any Intellectual Property in the Products or Services you purchase from 2coves. Ownership of such Intellectual Property remains with 2coves and any applicable software licensors. If the Contract is terminated before that passing of ownership occurs, 2coves may recover any Product(s) supplied to you and you agree to assist 2coves in such circumstances.

5. Repair or Replacement – 2coves Product Warranty

5.1 You have statutory rights in relation to the Products sold to you. For example, Products sold to you shall be of satisfactory quality and conform to their Product Description. Those rights are not affected by this 2coves Product warranty.

5.2 2coves warrants that 2coves Product shall: (i) conform to its Product Description, (ii) be free from material defects for a period of one year from date of delivery, and (iii) that 2coves branded spare parts shall be free from defects for 90 days from the date of delivery or for the remainder of the applicable Services (Basic Warranty) or statutory warranty period, if longer.

5.3 Under the Basic Warranty, subject to clauses 5.3.1 – 5.3.4 inclusive and clause 5.4 below, 2coves shall repair or replace the 2coves Product if it develops a material fault in the period of one year from date of delivery, on condition that:

5.3.1 the 2coves Product has only been subject to normal use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality and service standards described in the 2coves Product Description,

5.3.2 reasonable care has been taken of the 2coves Product, and it has only been subjected to reasonable wear and tear;

5.3.2 the fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in environmental conditions harmful to the 2coves Product, or by third party software or hardware, which has not been supplied by 2coves, loaded onto or connected to the 2coves Product;

5.3.4 the part which develops the fault has not been previously modified or repaired by any third party.

5.4 2coves’s obligation to repair or replace under clause 5.3 above does not apply to:

5.4.1 consumable components (for example, toner in printer cartridges);

5.4.2 parts which are not critical to Product function, or

5.4.3 cosmetic features of the Product.

5.5 In relation to many 2coves Products, you can purchase extended warranties from 2coves which last beyond the Basic Warranty term. However, these are not available in respect of Notebook batteries (which have a maximum one-year warranty unless a shorter period is stated in any applicable Basic Warranty or Product Description.

5.6 2coves will repair 2coves Product using parts which are new, or equivalent to new in accordance with industry standards and practice, and which will work for at least the remainder of the Basic Warranty period.

5.7 You will own all replacement Products and/or parts. 2coves shall own any Product and/or parts that are replaced pursuant to 2cove’s warranty, and, if requested by 2coves to do so, you must return them to 2coves. The costs of returning such removed parts or replaced Product(s) will be borne by 2coves.

5.8 2coves will pass to you, to the extent that 2coves is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Product or Third Party Software. Without prejudice to your rights against 2coves, 2coves may therefore ask Third Party Product manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period.

6. Services

6.1 2coves warrants that Services shall: (i) conform to their Service Descriptions, and (ii) be performed with reasonable skill and care during the applicable Service period. You must provide 2coves with all reasonable information, cooperation and courtesy to enable 2coves to provide 2coves Services.

6.2 Repairs under warranty, and other repair Services, will be carried out within a reasonable period. 2coves will at all times try to meet response times estimated in the applicable Services Description, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.

6.3 2coves may provide Services via internet or telephone as appropriate. 2coves will identify any such Services to you in advance and will only provide such Services in compliance with the regulations and codes which apply to the provision of 2coves services. Telephone calls may be recorded for training purposes.

6.4 Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting 2coves, except when returning Product(s) which are defective or damaged, or do not accord with the Order Confirmation.

7. Software

7.1 Both 2coves Software and Third Party Software are subject to software license agreements. These agreements are provided with the software media, or at Product start up, or when software is downloaded or activated.



7.2 In the absence of licence terms accompanying 2coves Software, 2coves grants you a non-exclusive, non-transferable license to access and use 2coves Software for the duration of the Service period and/or the life of the Product as applicable. Software provided or made available to you by 2coves in connection with the provision of Services may be used only during the term of the Services and solely as necessary for you to enjoy the benefit of the Services.

7.3 You must comply with the license conditions for any 2coves Software and Third Party Software supplied to you, and you must not:

(i) copy or make a back up copy, adapt, licence or sublicense, sell, assign, or otherwise transfer or encumber the software; or

(ii) exceed any criteria stipulated in any Services Description and/or software licence agreement.

8. Cancellations, Cooling Off and Returns

8.1 Subject to this clause, you have the right to cancel your Contract as follows:-

o Products - you have the right to cancel and return the Product (Cooling Off Rights). That right is for 14 calendar days beginning on the later of the day after:- 1) the day you receive your Order Confirmation OR 2) the date of delivery;

o Services – you have Cooling Off Rights as above, beginning on the day after the day you receive your Order Confirmation. If you cancel your Services order within the 14 day cancellation period, but you requested 2coves to begin providing the Services during this period, we will refund you pro-rata based on the Services that have been performed up until the date of receipt by 2coves of your cancellation notice. For Extended Warranties, if you cancel within 45 days of the day you receive your Order Confirmation date and haven’t used the Services, you can cancel for a full refund, otherwise we will refund pro rata based on the full calendar months of remaining service from the date of receipt of notice to cancel; and

o Software – you have Cooling Off Rights as above, beginning on the day after the day you receive your Order Confirmation, save that you lose the right to cancel if the Software is delivered to you sealed and it is unsealed (electronically or otherwise). If you purchase Software made available to you via digital download, you lose the right to cancel if you download (including via automatic download) the Software during the 14 day cancellation period. You may not obtain a refund on return of a Software or operating system element of a Product only. If you don’t want the pre-installed software or OS, you should return the Product.

If those Services or Software can be used independently of other Product(s) or Services sold under the same Contract, the right to cancel will still apply to those other Products.

8.2 Your right to cancel under this clause 8 is in addition to your right to cancel in the event of non or delayed delivery.

8.3 To exercise your right to cancel, you must notify 2coves in writing of your wish to cancel, and 2coves will arrange for collection of the Product(s) or otherwise provide instructions for convenient return. You must return all cancelled Product(s) to 2coves in original condition (you will be responsible for any damage) and within 14 calendar days of your cancellation notice, unless 2coves provides a later collection date. Return freight costs will be payable by you. 2coves will refund you the price (including standard delivery charge if applicable), less direct return freight costs it has paid on your behalf, as soon as possible and within 14 calendar days of receiving your cancellation notice. However, 2coves may withhold payment of your refund pending receipt of the returned Product (in its original condition).

8.4 Once the Cooling Off Period has ended and unless 2coves agrees otherwise, you do not have a right to return your order.

9. Export Control

Please note that Products, which may include technology and software, are subject to U.K export laws as well as the laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, Product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that Product(s) purchased from 2coves will not to be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You agree that you will not sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities. 2coves will not provide warranty support or Service in respect of a Product which have been exported in violation of these provisions.

10. Intellectual Property Claims

10.1 2coves retains title to all 2coves-owned Intellectual Property in Products and Services. You must notify 2coves immediately of any infringing or unauthorised use of any Products and/or Services or Intellectual property in such Products and/or Services.

10.2 Subject to 10.3, 2coves will be responsible and will reimburse you for all costs and liabilities you may incur arising from any claim that your use of 2coves branded Product(s) or 2coves Software infringes any third party Intellectual Property rights. 2coves may recall and exchange or modify the infringing item or give you a refund (less depreciation) or require you to install replacement or modified 2coves Software from appropriate delivery and/or transfer mechanisms such as CD or internet download for example.

10.3 2coves’s promise to reimburse your losses in the circumstances set out at 10.2 above does not apply if the claim arises due to:

10.3.1 use of any Third Party Product or Third Party Software or any other third party services and/or software;

10.3.2 unauthorised modification or use of Product(s), Services or 2coves Software;

10.3.3 the use of 2coves branded Product(s) or Services or 2coves Software in conjunction with anything not supplied by 2coves.

10.4 2coves may litigate, negotiate and settle claims described in clause 10.2 and you must provide reasonable assistance if requested to assist 2coves, if litigation is directly related to Product(s) and/or Services supplied to you.

11. Assignment and Subcontracting

The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer it to any other person without 2coves’s prior written consent. 2coves has the right to assign the Contract to any company or entity for business reasons.

12. Limitation of 2cove’s Liability

12.1 The Products are supplied only for use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description. 2coves shall not be liable for losses relating to any business of yours, such as lost revenue, income or profits, lost data or business interruption.

12.2 You must take reasonable care of the Products and use them in accordance with user instructions/ product information supplied by 2coves. You must also take all reasonable steps to prevent data loss, by installing protection against virus damage, and keeping back up copies of important data on separate media. Home computers in regular use are not supplied for the purpose of the long term storage of important data, unless these basic precautions are taken.

12.3 Neither you nor 2coves shall be responsible for any losses suffered as a result of breach of this agreement by the other party, except to the extent that those losses are a foreseeable consequence of the breach. If any Product develops a fault, you should promptly notify 2coves and seek its advice.

12.4 Neither you nor 2coves will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.

12.5 2coves’s liability for breach of an agreement to provide you with Services, or arising from any failure to provide such Services with reasonable care and skill, shall not exceed the greater of:

- £5,000; or

- twice the value of the Products and Services sold or supplied to you under the Contract.

This limit will not apply to any liability of 2coves to you for breach of an agreement to sell you Products, or for death or personal injury resulting from negligence.

13. Privacy and Data Protection

Personal data obtained by 2coves from you shall be held and processed in accordance with all applicable laws and consistently with 2coves's Privacy Policy. 2coves may share your personal data with other 2coves entities, agents, or subcontractors performing Services for 2coves. 2coves may also transfer your personal data to affiliated companies or agents or subcontractors performing Services for 2coves, which may be outside the European Economic Area, in which case 2coves will ensure adequate protection to safeguard your personal data. Please review 2cove’s Privacy Policy in order to understand our privacy and data protection practices, and for full details of 2coves's Privacy Practices, please see Privacy Practices or contact: 2coves. You consent to the processing of your personal data in accordance with the above.

14. Waiver

If you breach these Consumer Terms, and 2coves takes no action, 2coves will still be entitled to exercise its rights and remedies in respect of that breach at a later date, or in any other situation where you breach these Consumer Terms.

15. Amendments to these Consumer Terms

2cove’s standard terms and conditions of sale can be viewed on www.2coves.co.uk. 2coves will update these from time to time, giving thirty (30) days prior notice on the site of any changes which are to be introduced. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authority (in which case it will apply to Contracts if required to do so).

16. Law and Jurisdiction

If the place of delivery of the Product(s) and/or Services is:

- in England or Wales, the Contract is governed by English law, and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract;

- in Scotland, the Contract is governed by Scottish law, and the courts of Scotland shall have exclusive jurisdiction in relation to the Contract;

- in Northern Ireland, the Contract is governed by the laws of Northern Ireland, and the courts of Northern Ireland shall have exclusive jurisdiction in relation to the Contract.

17. Other Key Consumer Terms Documentation

Product Descriptions, Basic Product Warranty and Services Descriptions and 2coves Privacy Practices are located at www.2coves.co.uk.



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