HyperX Terms and Conditions
Terms and Conditions of Sale
1. Identity of the trader (who we are) and contact informationHP Inc UK Limited t/a HyperX (“HyperX")
Earley West
300 Thames Valley Park Drive
Reading
RG6 1PT
United Kingdom
Registered Number: 09408979; Registered in England
VAT ID: GB 206 9537 96
Email: shopeurope@hyperx.com
2. Scope
These HyperX Terms and Conditions (the "Terms") govern any order placed with HyperX either online or over the phone for products and services available in the HyperX Shop website (the "HyperX Shop"). Therefore, before placing an order, you should carefully read the terms and conditions set out below. If you do not accept these Terms, then please do not order any products or services from this website.
Some sections of these Terms apply only to Consumer Customers. A Consumer Customer is an individual who purchases products or services for non-business use (i.e. for use wholly or mainly outside of their trade, business, craft or profession and not for commercial gain).
Your use of our website is governed by the separately posted Terms of Use.
3. Prices, Taxes and Delivery Charges
Prices, delivery charges and payment terms shall be as specified on the HyperX Shop at the time you place your order. HyperX may operate time-limited discounts.
Standard delivery on all orders is free of charge.
Where applicable, HyperX’s prices include taxes, duties, levies or similar charges, such as any applicable value added taxes (“VAT”), copyright and / or environmental levies; no value added taxes refund system for overseas residents is currently available from HyperX.
Prior to submitting your order you will have the opportunity to review product prices and any applicable value added taxes and delivery charges. Please notify HyperX promptly should you believe your order has a pricing error. We are under no obligation to provide any product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
HyperX reserves the right to change information, products and / or prices published on the HyperX Shop at any time, but changes will not affect any order in respect of which we have already sent you an order confirmation.
4. Invoicing and Payment Methods
Invoices can be sent by email in PDF format to the email address provided on the order or by paper invoice sent by post (you need to select it at order placement).
If you do not have Adobe Reader, download here.
The payment methods accepted by HyperX are: Visa, Mastercard, American Express, Discover, Diners Club, Maestro, Shop Pay.
Once your order is placed, it cannot be edited. If a change is necessary, you will need to cancel the current order and place a new order. For further details please see Section 7 below “Your right to cancel your order before shipment”.
HyperX reserves the right to review your order. In case of any irregularities or inconsistencies in your order or failure to pass our payment and anti-fraud checks, HyperX can reject your order. Your order will be processed by HyperX as soon as it has been validated by HyperX.
HyperX will send you an order confirmation or rejection notice as soon as reasonably possible.
The contract of sale between you and HyperX will only be formed when we send you the order confirmation.
If and to the extent possible under applicable law, we may use personal information provided in order to conduct appropriate payment and anti-fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency, which may keep a record of that information.
6. If we cannot fulfil your order
Despite our best efforts, on rare occasion, we may be unable to fulfil your order for a product (whether or not payment was made), because of something we discover after we send you an order confirmation email. If this is the case, we will, as soon as reasonably possible and no later than the planned delivery date, either contact you for instructions or reject your order and notify you of such cancellation. We may be unable to fulfil your order because:
- we have identified an obvious and unmistakable error in the price or description of the product;
- your delivery address is outside our stated delivery areas, for details see: Delivery information;
- unexpected limits on our resources which we could not reasonably plan for;
- your transaction is declined by your bank, you fail to pay in accordance with the terms of your selected payment method, or we reasonably suspect that the order has been placed fraudulently; or
- the product is out of stock due to material supply constraints we did not have reasonable opportunity to notify you of in advance.
If payment was made and your order is cancelled, HyperX will issue a full refund within 14 days via the same method you used to pay (or may contact you to collect information in order to do so).
7. Your right to cancel your order before shipment
We pride ourselves on our quick turnaround time and this means there is only a small window to cancel your order before it ships. Although we will try our best to assist you, we cannot guarantee we will be able to cancel your order in time.
If you wish to cancel your order before it ships, the fastest way to process your request is via email to our post sales team at shopeurope@hyperx.com. Alternatively, you may complete and return the model Withdrawal Form.
If you cancel prior to shipment, HyperX will reimburse to you all payments received from you, including the costs of delivery (where applicable) within 14 days.
8. Delivery
Orders are delivered as specified in the HyperX Shop and determined by you when ordering online or over the phone.
We deliver only to mainland UK destinations (excluding P.O. boxes or BFPO addresses). Our deliveries take place on working days, being Mondays to Fridays only (excluding bank holidays). Standard delivery for those products in stock will typically be within 2 working days, for orders received and accepted before 4pm (this will not apply if additional checks and verifications by HyperX are required). These times are estimates and cannot be guaranteed.
If our supply of the products is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract (see section 7 above) and receive a full refund for any products you have paid for but not received.
For those products which are not immediately available from stock, an estimated delivery time is shown alongside the product description. If you order a product which is not immediately available from stock either: (i) your order confirmation will specify the estimated delivery date; or (ii) where an estimated delivery date is not yet available, we will send you an email once the product is available and ready for shipping with the estimated delivery date. If an item on a ‘group’ order has an extended lead-time, we reserve the right to hold your order until we can deliver all of the items. If you would like to order a similar item which is in stock or cancel an item which has limited availability within a ‘group’ order, you will need to cancel the item on your original order and place another order(s) separately.
9. Ownership and Risk Transfer
Ownership of hardware products passes to you upon the later of full payment and delivery of the product. Risk of loss and damage passes to you upon delivery.
10. Your right to change your mind after shipment
Complimentary cancellation period: You have 30 calendar days from the date of delivery to return unwanted, unopened and unused products (software, personalized and custom orders excluded) for a refund or exchange.
Statutory withdrawal right: If you are a Consumer Customer you may also change your mind and cancel your purchase at any time, without giving any reason, within 14 calendar days after your order is delivered in full if you've handled and inspected your HyperX product to establish its nature, characteristics and functioning (like you would if you were in a shop), and you’re not 100% happy. Personalized orders (made to your specification) and software where the packaging seal has been broken are excluded.
Defective goods: You may only return used products that are defective (e.g. inoperable or damaged on arrival) – see section 13 (Defects on Delivery) and section 14 (Return of Defective Goods / Consumer Legal Guarantee) below.
To exercise your right to cancel, you must notify HyperX and return any goods supplied to HyperX in accordance with the Returns Process outlined below.
11. Return to HyperX: Contact HyperX and return your products as described here: Returns Policy.
You must make the return without undue delay and in any event not later than 14 days after the day you have informed HyperX about your decision to cancel this contract.
If you are a Consumer Customer, to exercise your statutory withdrawal right you may alternatively complete and return the model Withdrawal Form, but this is not mandatory.
12. Effects of cancellation / withdrawalIf you cancel your purchase in the timeframes outlined in section 10 (Your right to change your mind after shipment) above you will receive a full refund including the costs of delivery (where applicable) within 14 days from the date we receive your products, except as set out below. We will provide the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
Products should be returned with the original box and packaging where this is still possible, together with any accessories and free gifts received with the product(s). You must take reasonable care of all products whilst they are still in your possession.
Refund exceptions:
We may reduce the refund due to you to reflect any loss in value of the product(s) resulting from handling other than necessary to establish the nature, characteristics and proper functioning of the goods, or require you to pay the relevant sum to us.
Return of products purchased under a special offer or promotion or as part of a bundle may be limited by specific conditions, as described in these Terms or otherwise communicated to you.
No refund is allowed for individual products purchased as part of a bundle, but HyperX will either: (i) replace such individual product; or (ii) collect the whole product bundle or the whole order and refund the amounts you paid.
HyperX reserves the right to be reimbursed for any promotional discounts applied on other products you purchased if such discounts were dependent on the purchase of the product(s) returned to HyperX.
13. Defects on Delivery (short term right to reject)
We encourage you to check your product(s) at the earliest opportunity for any defects or discrepancies (e.g. shipping box appears damaged, wrong product delivered, product is cosmetically damaged (scrapes, tears, dents, etc.)).
If the products have been delivered in inoperable or otherwise defective condition, please notify HyperX in accordance with the instructions provided in the Returns Policy section on our website, as soon as reasonably possible but, in any case, no more than 30 days after delivery to exercise your short term right to reject.
With the exception of promotional items or items forming part of a bundle (see section 12 above), if you reject any products under this section, you will receive a full refund of the amount you paid, unless you and HyperX agree an alternative remedy (for example, repair or replacement product). You are responsible for returning the products in accordance with the instructions provided in our Returns Policy. HyperX may test products upon return and charge you any costs incurred by HyperX if you wrongly claimed that returned products were inoperable or defective.
The HyperX short term right to reject applies in addition to and not in substitution for Consumer Customer’s statutory rights relating to faulty or misdescribed goods or services, the benefit of which are subject to specific conditions (see section 14 below) and the HyperX Limited Warranty (see section 15 below).
14. Return of Defective Goods (Consumer Legal Guarantee)
Consumer Customers have statutory rights if the product(s) purchased does not conform with the contract of sale. Such statutory rights are independent and complementary to the HyperX Limited Warranty and are not in any way affected by them.
If a fault appears within the first 6 months after delivery, HyperX will at your request on notification, repair or replace the defective product(s) or, where such remedy is disproportionate or impossible, offer a refund or price reduction. From 6 months after delivery, you need to prove to HyperX that the defect was present at the time of delivery in order to invoke such rights.
Contact our HyperX Technical Support if you require assistance – see the "HyperX Returns Policy" for details.
HyperX may test products upon return and charge you any costs incurred by HyperX if you wrongly claimed that returned products were inoperable or defective.
Click here for more information: Consumer Legal Guarantee (United Kingdom).
15. Manufacturer's Warranty (HyperX Limited Warranty)
HyperX products are provided with a manufacturer warranty (HyperX Limited Warranty). The HyperX Limited Warranty covers any defect in the material or workmanship of the HyperX product for a period of 6 months-2 years, depending on the product and as specified in the “Technical details” section of the Product page on the HyperX Shop and the HyperX Limited Warranty Statement for your product.
The HyperX Limited Warranty begins on the date of purchase of the product. If the product is defective, HyperX will repair or replace the product or refund the purchase price upon return of the product, at HyperX’s option. The HyperX Limited Warranty includes parts, labour, return to workshop costs or travel for on-site repair.
The HyperX Limited Warranty does not cover damage due to impact, liquid spillage, misuse, environmental conditions of the product not conforming to HyperX specifications, or any other external cause indicated in the HyperX Limited Warranty Statement for your product.
The terms and conditions of the HyperX Limited Warranty associated with your product are available here: HyperX Limited Warranty Statement.
16. Software
HyperX's standard licence terms apply to your use of HyperX software products. Your use of non-HyperX software products and, exceptionally, some HyperX software products, may be governed by different licence terms, as provided with such products.
In some cases, express consent to the license terms of the software provider is a prerequisite for the use of the software. If you decide not to accept those license terms and if the use of the product for normal use is not possible without this consent, we can only accept the return of the product if it has not yet been put into operation by you and is returned to us in the original packaging.
The HyperX Shop customer service department can be contacted at: shopeurope@hyperx.com.
18. Limitation of Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
HyperX will not be liable for loss of data as it expects you to make appropriate arrangements to back up your data.
We only supply products and services under these Terms for your personal use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HyperX does not exclude or limit liability for death or personal injury (including to the extent caused by its negligence), for wilful default, for any breach of any undertaking as to title, quiet possession and freedom from encumbrance implied by applicable law, for fraud, fraudulent misrepresentation, for breach of your legal rights in relation to the products or any misrepresentation as to a matter fundamental to its ability to perform contractual obligations or for any other liability that cannot be excluded or limited by law.
19. Protection of Personal Data
Where you have provided us with your personal data, we will use this information: (i) to process your order and supply products and support to you; or (ii) in accordance with your consent. We will only collect and use your personal data in compliance with applicable data protection law and the Privacy Statement located at www.hp.com/go/privacy. To exercise your rights of access, rectification, opposition or deletion, please use the ‘Contact HP Privacy Office’ form available from "Personal Data Rights Notice".
The search box on this web site (“Search Box”) is powered by Algolia, S.L. (“Algolia”) and Algolia Privacy Policy (located at https://www.algolia.com/policies/privacy/) applies to your use of the Search Box.
20. Other applicable terms
When ordering from HyperX, HyperX may communicate with you electronically relating to your order (e.g. by e-mail, text message or by posting notices on the HyperX Shop).
These Terms and sales of products and services are governed by the laws of the country and locality of delivery.
Products and services provided under these terms are for your personal use only; further commercialisation is not permitted (e.g. resale or rental for commercial gain).
HyperX products are subject to export laws. After delivery of your purchases, you are responsible for complying with any export requirements if you ship HyperX products outside the United Kingdom (UK).
You may have additional rights under your local statutory or consumer laws, which provide you with other remedies. To the extent that these Terms, HyperX's limited warranty or standard licence are inconsistent with the statutory laws of the country where HyperX has delivered the product(s) to you, they are deemed modified to be consistent with such local law.
Important Note: If you, for any reason, do not have access to any of the conditions referenced in these Terms, such as the Privacy Statement we ask you to contact the HyperX Call Centre and ask for a copy. These Terms and additional conditions referenced herein that are in effect at the time you submit your order will govern such order, so you are encouraged to print and keep a copy of them for your future reference.
Revision Date: September 15th 2022