Terms and Conditions

Please read these terms and conditions (“Terms”) carefully before using our Web Site as they affect your rights and liabilities under law. By using this Web Site or making a purchase via this Web Site you agree to be bound by these Terms.

 

1             Definitions and Interpretations

 

1.1          In these Terms:

 

Contact Address                means 2 Prigg Meadow, Ashburton, Devon, TQ13 7DF, UK;

 

Contract                               means these Terms and the Order;

 

Goods                                   means the goods (including Software) purchased by you from us via this Web Site;

 

Order                                    means the order for Goods placed by you and accepted by us subject to these Terms;

 

Returns Procedure           means our standard returns policy in force from time to time as set out in the Contract or on the Web Site;

 

Software                              means any software (including without limit third party software) purchased via this Web Site;

 

us, our                                  means Software Now! a trading division of Grey Matter Ltd. (Company Number 1671407) whose registered office is at 2 Prigg Meadow, Ashburton, Devon, TQ13 7DF, UK;

 

Web Site                              www.buysoftwarenow.com.

 

1.2          In these Terms references to “in writing” shall include e-mail.

 

2.            The contract between you and us

 

We must receive payment of the whole of the price for the Goods that you order before your Order can be accepted by us. Once payment has been received by us we will confirm that your Order has been accepted by sending an email to you at the email address you provide in the online order form. Our acceptance of your Order pursuant to this clause brings into existence a legally binding contract between us.

 

3.             Price

 

3.1       Subject to clause 3.2, clause 3.3 and clause 5.1, the prices payable for Goods that you Order are as set out in our Web Site (as amended from time to time);

 

3.2       The prices payable for Goods include VAT. Delivery and VAT charges are shown separately when ordering your Goods.

 

3.3       You acknowledge and accept that additional charges may be payable by you in respect of import or export duties. You are responsible for paying such sums.

 

4.             Right for you to cancel

               

4.1       subject to this clause 4, you may cancel your Order at any time up to the end of the seventh (7) working day commencing from the day after you receive the ordered Goods. You do not need to give us any reason for cancelling your Order;

 

4.2       to cancel your Order you must notify us in writing;

 

4.3       all cancellations should be undertaken in accordance with and subject to the Returns Procedure;

 

4.4       if you have received the Goods before you cancel your Order then you must send the Goods back to our Contact Address at your own cost and risk;

 

4.5       once you have notified us that you are cancelling your Order, any sum debited by us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation notice PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering and/or repackaging the Goods from the amount to be re-credited to you;

 

4.6       We will only accept the return of Software which has not been opened or any seal broken.

                 

5.             Cancellation by us

 

5.1          We reserve the right to cancel the Contract, if:

 

a.         we have insufficient stock to deliver the Goods you have  ordered;

 

b.         we do not deliver to your area or country; or

 

c.         one or more of the Goods you ordered was listed at an  incorrect price and/or description for whatever reason;

 

d.         we have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms.

 

5.2          If we do cancel your Contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your Order. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.

 

6.             Delivery of goods to you

 

6.1          We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your Order.

 

6.2          Delivery will be made as soon as reasonably possible after your Order is accepted and in any event within 4 weeks of your Order.

 

6.3          Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

6.4          You are responsible for checking that the Goods delivered are in accordance with the Order. You must notify us of any mistakes as soon as reasonably possible but in any event within the time limits set out in clause 7.1.

 

7.             Liability and Limitations

 

7.1          If the Goods we deliver are not what you ordered or are damaged or defective (other than as a consequence of any act or omission by you) or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within seven (7) working days of the delivery or non-delivery of the Goods in question.

 

7.2          If you notify a problem to us pursuant to this clause 7, our only obligation will be, at our option:

 

a.             to make good any shortage or non-delivery; or

 

b.             to replace or repair any Goods that are damaged or defective; or

 

c.             to refund to you the amount paid by you for the Goods in question.

 

7.3          Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods giving rise to the claim.

 

7.4          Save in respect of death or personal injury, our liability to you for any losses and costs connected with the sale of Goods to you shall not exceed the amount you originally paid us for the products or services in respect of which your claim relates.

 

7.5          You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

 

7.6          Notwithstanding the above, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

7.7          You acknowledge and accept that save as expressly stated on the site we give no warranty as to the quality and/or suitability of the Goods. You are solely responsible for ensuring that you have the necessary equipment (including specification) required to utilise the Goods.

 

7.8          You acknowledge and accept that you are solely responsible for ensuring compliance with any licence or additional terms included with the Goods. You will indemnify us against any cost, damage, liability or claim that arises from your failure to comply with the same.

 

8.             Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our Contact Address.

 

9.            Events beyond our control

 

We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

10.          Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

11.          Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

 

12.          Returns Procedure

 

                You acknowledge and agree to be bound by the terms of our Returns Procedure.

 

13.          Third party rights

 

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

14.          Governing law

 

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

 

15.          Entire agreement

 

These terms and conditions, together with our current  website  prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.