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(Version 2006-1; posted and effective as of July 2006)
Applicable to the Point Set Digital Ltd. Online Shop at the URL www.pointsetdigital.com (“Online Shop”) and orders and sale transactions for computer accessories, ipod accessories and other related products available at the Online Shop (“Product(s)”)
The Online Shop is owned by and operated by or on behalf of William Ford, 25a Gardner’s Crescent Edinburgh EH3 8DF. UK Company number 5552675 (“Point Set Digital”, “we” or “us” as the context may require), who is the seller of the Products.
Both parties are communicating electronically when visiting the Online Shop, sending e-mail or posting electronically and you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms do not affect (and should not be read to affect) your STATUTORY RIGHTS, which cannot be waived or limited by contract.
1. About these Sales Terms
These Sales Terms only apply to purchases made on this Online Shop. Point Set Digital may change or alter these Sales Terms from time to time. Point Set Digital will state the effective date above. Any changes to the Sales Terms will apply to orders placed after the effective date. You should re-check the effective date before placing each order in order to be sure that you have reviewed the most recent version which applies to your purchase.
Information contained in Point Set Digital advertising, brochures, other written materials, on the Point Set web site or given to you, is an “invitation to treat” only and not an offer by Point Set Digital to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
2. Placing an Order
To be able to buy Products you have to:
* Register by providing your real name and correct address, phone number, payment
details and other required information;
* be at least 18 years of age;
* provide a valid delivery address
* be using a valid credit card to buy the Product(s) or hold a valid Paypal account.
When you register you will also create a personal user identification and password. Keep your personal user identification and password protected at all times and do not disclose them to anyone else as you are personally responsible for each purchase made using your user identification and password.
Products are to be bought only for personal use and not for commercial resale.
3. Order Processing
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must then be accepted by Point Set Digital. We may choose not to accept your order for any reason.
After having received your order, we will send you an acknowledgement e-mail (“Order Receipt”) with your order number and details of the Products you have ordered. Please note that the Order Receipt e-mail is not an acceptance of your order. Acceptance of your order and the formation of the contract of sale between us will not take place unless and until the Products have been sent out to you and you have received an e-mail confirmation of this from us (“Order Confirmation”). You have the option to cancel your order at any stage before we have sent the Order Confirmation by contacting our Customer Service at the contact details below.
4. Prices, Shipping and Handling Charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the Order Receipt and Order Confirmation. Point Set Digital may change prices at any time without notice.
Prices for the Products do not include charges for shipping and handling or applicable taxes (excluding VAT that is included in prices).
Separate charges for shipping, handling and applicable taxes will be shown when you place your order. The Order Receipt and Order Confirmation provide proof of applicable shipping, handling and tax charges.
Point Set Digital will try to make sure that pricing information on the Online Shop is correct. Occasionally however prices may not be correct. If the correct price is lower than the price stated on the Online Shop, Point Set Digital will charge the lower price. If the correct price is higher than the price stated in the Online Shop, Point Set Digital will notify you of the correct price. In case you wish to cancel your order you must notify Point Set Digital by contacting customer services (details below). Point Set Digital does not have to supply Products at a price that is not correct.
5. Product Availability and Delivery
Point Set Digital reserves the right, without liability or earlier notice, to change, discontinue or to stop making available certain Products.
For details on different delivery options please see Delivery options and charges
We aim to deliver the Products to you on time; however, there may be reasons why we cannot ship in time to meet target dates. Any delivery dates are therefore given as non-binding best estimates only and we do not promise that the Product(s) will be delivered on the target date. There may also be reasons for us to re-schedule your order in case the Products cannot be delivered on the target date. In that case we will contact you to discuss a new target delivery date.
In case you unreasonably defer delivery or delay the receipt of Products after we have notified you that we have tried to deliver the Products to you, we reserve the right to charge you for the reasonable additional costs that we have incurred due to your actions or omissions. If the Products remain undelivered for a period of 7 working days, we consider that you have exercised your right to cancel the contract and will refund you in accordance with our return policy less the reasonable additional costs incurred by Point Set Digital.
You must examine the Products within a reasonable period of time after they are delivered to you and check their condition and that the content of the Product package is complete. It is your responsibility to notify Point Set Digital that the Product(s) are damaged or incomplete at the time they are delivered to you or reasonably soon after they are delivered to you.
6. Payment
Payment shall be made by a credit or debit card via the Paypal processing facility. You have to supply your payment card details to Paypal when you place your order. Your payment card will be charged as soon as you order your Products and will be dispatched shortly afterwards. We will not supply the Products to you until Paypal has authorised the use of your card for payment of the ordered Products. As your Order Confirmation is your invoice and proof of purchase, we recommend that you save and print that document for your future use.
Cheques and Postal Orders will be accepted on condition they are sent out no later than 7 days after the Products have been purchased. They must be made out to Point Set Digital LTD and sent to the following address: Point Set Digital, 25a Gardner’s Crescent, Edinburgh, EH3 8DF.
Cheques and Postal Orders can only be accepted from UK customers.
7. Title and License to Software
Point Set Digital retains full legal title to Products until it has received all amounts due on the ordered Products in full. Point Set Digital reserves the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in Products and to enter your premises and repossess Products (or instruct a third party to do so), if payment is not made, or if the credit card company declines payment or requires Point Set Digital to return any payment made for the Products, for any reason.
Title to any software stays with Point Set Digital, a Point Set Digital affiliate company or the licensor of the software (as the case may be) whether or not you have paid for the software. If the Product being ordered includes software, we grant you a license for that Product on a non-transferable, non-exclusive basis to use the object code version of this software. Before installing or otherwise using the software you must agree to be bound by the terms of the applicable End User License Agreement ("EULA"), which you should read and accept before ordering and/or installing the software. If the Product being ordered is a digital service Product, we grant you a license or sublicense for that Product on a non-transferable, non-exclusive basis to use the Product on your Product for which you are requesting the license. You agree to be bound by the terms and conditions of these Sale Terms and any other license terms that may accompany the Product in connection with obtaining any such license rights from the Online Shop. WITHOUT LIMITING THE ABOVE, COPYING OR REPRODUCING SOFTWARE OR DIGITAL SERVICE PRODUCTS, EXCEPT AS MAY BE EXPRESSLY ALLOWED IN THESE SALES TERMS AND/OR THE APPLICABLE EULA, IS EXPRESSLY PROHIBITED.
8. Return and Refund in accordance with Distance Selling Regulations
If you have bought Product(s) for your own private use as a consumer (as opposed to business use) and want to exercise your right to cancel the contract you must notify our Customer Service either via email or by telephone within 7 working days after the date of receipt of the delivery and return the ordered Product to us.
However, you may NOT return and claim a refund for the following -
1. Software that was supplied to you unsealed and unused, and you have since broken the seal;
2. Software that you have successfully downloaded from the Online Shop/Customer support email; or
3. Products that have been altered to your specification or ones that have been clearly personalised.
The return of Products will be at your own expense. In addition the terms of Section 10 below will apply.
9. Product(s) Supplied by Mistake, Incomplete or Faulty Delivery
Please contact our Customer Service either via email or by telephone as soon as possible (and within 7 working days at the latest) if:
* we have supplied Products to you by mistake
* your delivery is not complete
* Products are damaged or have gone missing in transit
In these cases, we will arrange to have the Products collected from you and will make arrangements for redelivery or refund you as applicable. In addition the terms of Section 10 below will apply.
10. Returning Products
On contact, our Customer Service will give you further instructions for return. Please fill in a support ticket in the first instance - http://www.pointsetdigital.com/support/ . For all returned orders, an RMA number will be given. Please quote this number in any correspondance regarding the returning of an item.
We recommend that you return the Products in their original packaging. You must include all accessories, user manuals and any free gifts that came with the Product.
Where a Product has been purchased as a part of a bundle of Products, all Products within that bundle must be returned. Please note that it is your responsibility to make sure that the Products are kept safe and secure whilst they are in your possession. Please treat the products with reasonable care and return them in a condition that they were delivered to you.
Please package the Products securely and make sure that your order number is clearly visible on the outside of the parcel.
We suggest you use a traceable and insured delivery agent to return the Products to us. If we do not receive all the Products from you we may arrange to collect the Products from you, at your cost.
An email will be sent to the address you provided when your return has been assigned an RMA number.
If you return Products 1) that you are not entitled to return 2) that are not in their original condition, 3) without proper or missing packaging, 4) with Product(s) missing from the return delivery 5) without having paid for the delivery or 6) have otherwise failed to exercise reasonable care when taking care of and returning Products, we reserve the right either to reject your return and decline to refund or to charge you reasonable repair, restocking or other similar direct costs that we have incurred from those payments to be refunded to you (subject to applicable law).
On acceptable return of Products, we will refund you the price you have actually paid, for Products less any fees and charges due to Point Set Digital (as per the above), by crediting your payment card. Note that we will not refund the delivery costs.
Please note that Point Set Digital will only process returns for Products bought on this Online Shop. If you bought Products or any other merchandise, digital content, software or applications through some other distribution channel, such as from another web site, a wireless carrier or a retail store or catalogue, please follow the applicable seller’s product return policy.
11. Product Warranties and Statutory Rights
If a Manufacturer’s Limited Warranty is offered for a product, there will be a Manufacturer’s Limited Warranty statement in the user guide or included in the product’s packaging.
Downloadable software or other digital services are sold with the warranty stated on the Online Shop and if none are posted, they are sold on an “AS IS basis” without warranty.
For non-branded third party products (even if they are contained in product bundles or promotions), all warranty claims are to be made in accordance with the terms and conditions of third party’s warranty.
12. Circumstances beyond Reasonable Control
We will use reasonable efforts to perform our obligations. However we cannot be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond our reasonable control. In the event of delay, we will perform our obligations as soon as reasonably possible.
13. Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products. There are no warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the Products (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby 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.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising.
However nothing in this section 10 shall affect your statutory rights and nothing in these sales terms seeks to exclude or limit liability for any of the following:
1. fraud;
2. misrepresentation;
3. the death of, or personal injury to, any person caused by negligence;
4. under section 12 of the sale of goods act 1979;
5. under section 2 of the supply of goods and services act 1982; and/or
6. under part i of the consumer protection act 1987.
14. Export Controls
You agree to comply with 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 (“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 license or other governmental approval is required, without first obtaining all necessary licenses and 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.
15. General
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
16. Contact Details
If you have any questions relating to buying Products from the Online Shop, you can contact our Customer Service either via the support facility on our website: http://www.pointsetdigital.com/support/. We will endeavour to reply to you within 24 hours. |
