Terms & Conditions
a) 'Company' means Ability Software
b) 'Customer' means any individual or firm offering to purchase goods from the company.
c) 'Goods' means any products or services that the company has sold or is proposing to sell to the customer.
d) 'Agreement' means any transaction or proposed transaction between the company and the customer relating to the sale / purchase of goods.
e) These terms and conditions shall apply to and be incorporated into every agreement between the company and the customer.
f) These terms and conditions shall take precedence over any terms and conditions of the customer and shall not be varied without the written consent of the company.
g) 'Seller' means any individual or firm offering to sell goods to the company.
h) 'Retail boxed products' mean those products that are licensed for stand-alone sale to the eventual end-user.
g) 'OEM products' mean those products that are only licensed to be bundled with PC systems or computer-related hardware and that are not licensed for separate sale.
a) The company shall be entitled to apply additional delivery charges where the customer requests partial delivery of an order.
b) Prices quoted are those current at the time of purchase.
c) The company shall be entitled to alter prices at any time to correct errors or omissions.
d) If ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
3. Payment< p>a) Payment for all goods must be made by Credit or Debit Card via a secure website.
a) All delivery dates quoted, whether verbally or otherwise are estimates and are therefore not guaranteed. The company shall have no liability for any delay in delivery or non-delivery or for any consequential loss.
b) Delivery of goods to the customer's address or any other place requested by the customer shall constitute delivery and the risk passes upon such delivery to the customer.
c) The company shall be entitled to make partial deliveries, in which case these terms and conditions shall apply to each partial delivery.
d) Any discrepancy between the goods delivered and the goods ordered, the customer must advise the company within one working day of receiving the goods. The customer must hold the goods and make them available for inspection or collection by the company or it's representatives on request.
e) The customer must advise of any non-delivery within 7 days after the expected date of delivery.
5. Loss or Damage in Transit
a) The company will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to the company within one working day of delivery or expected delivery.
b) In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by the company or it's representatives on request.
a) Title will pass to the customer once the Credit Card payment has been received and the Customer has taken receipt of the product and opened some.
b) The customer will become responsible for any loss, destruction of or damage to any goods on their delivery.
7. Returns and Cancellations
The customer shall not return any goods (except in accordance with Condition 8), without the company's written consent. If the company at its discretion gives consent, it reserves the right to charge a restocking fee of 15% + VAT of the price of the goods in question, or £20 + VAT, whichever the greater.
8. Guarantee (including seven day money back guarantee)
a) The company's seven day money back guarantee is subject to the following conditions (i) It will only apply if the customer has given written or E-Mail notice of intention to the company within seven days from date of Delivery. A refund will only occur once the company is satisfied the goods are in the same condition as sold (sealed, undamaged, unused and unregistered).
b) If within twelve calendar months of being delivered, any defect in the goods is discovered which is directly due to faulty materials or workmanship, the company or the manufacturer of the goods will at it's option remedy the defect or damage by replacement or repair, or give a credit note to the customer, to be utilised firstly against any existing indebtedness and the balance refunded.
c) The guarantee (stated section 8b) will be subject to the following conditions :-
- it will not apply to defect or damage resulting from any alteration or modification of the goods without the company's prior written consent, incorrect storage, normal wear and tear, misuse, abnormal conditions of use, incorrect installation, maintenance or repair, use which is not in accordance with the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
- The customer must complete and submit the company's Return of Materials Authorisation (RMA) form fully in relation to any such defect or damage. If it appears to the company from the information submitted on the RMA form that such defect or damage is covered by the guarantee, then an RMA number will be issued confirming the goods in question may be returned, subject to verification by the company on inspection of the goods. RMA numbers issued by the company are valid for seven days from the date of issue. After this period the RMA log is cleared and a new RMA number must be obtained.
- allegedly defective or damaged goods must be returned to the company at the customer's cost, in original packaging, complete with all related documentation and accessories. Goods must be packaged in the appropriate fashion and clearly labeled with the relevant RMA number. Failure to do so will result in the goods being refused on arrival at the companies warehouse.
- the guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
9. Exclusion of Liability
a) The guarantee in condition 8 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the goods (except for the company's title to them) which are hereby excluded to the fullest extent permitted by law.
b) Neither the company nor its representatives or agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs, expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by the company or any fault in or the supply, use, presence or resale of the goods.
c) Excluding the company's liability arising in condition 8, all warranties or conditions implied by law regarding the goods and without affecting conditions 9 a) and 9 b), the aggregate liability of the company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 9 b) will be limited to an amount equal to the net invoice value of the goods.
d) The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
The customer undertakes to the company that it will immediately indemnify the company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the customer of any terms of the agreement.
11. Photos and Other Information
a) All photos, illustrations and other information contained on the website, sales literature and price lists are representative, for guidance only and do not form part of this agreement.
b) The customer should check specifications, compatibility, suitability and legality of goods with manufacturers before ordering if in any way unsure. Any advice or opinion offered by the company or its representatives should not be relied upon to make a purchasing decision.
12. Trade Marks, Trade Names, Copyrights, Patents and Intellectual Property Rights
a) The customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the customer.
b) Goods are not licensed by the company and may require manufacturers agreement or licence for use or resale in certain markets.
c) OEM goods should be sold on by the customer for supply as part of a hardware package, in accordance with the manufacturers requirements.
d) Goods must not be altered, sold or used in any way that was not intended by the manufacturer.
e) All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the company and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of the company or our software suppliers and is protected by international copyright and authors’ rights laws. You may not systematically extract and/or re-utilise parts of the contents of the website without the company’s express written consent.
13. Force Majeure
The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company's control. This includes, but is not limited to breakdown of plant or machinery, strike, industrial dispute, shortage or delay in receiving goods, war (whether declared or not), terrorism, or Act of God. If any such event continues for more than 28 consecutive days, the company may terminate the agreement by written notice to the customer without prejudice to the accrued rights of either party.
14. Construction and Use
The company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of order.
The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where the customer is in breach of any term, condition or provision of this agreement or required by law.
16. Privacy & Security
The only information that the company will hold relates to orders placed or emails sent and is held for legal purposes. The company shares customer information only as described below with subsidiaries which are fully controlled and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this notice.
The company may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act.
Protection of the company: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of The company, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
Whenever we transfer personal information to countries outside of the European Economic Area in the course of sharing information as set out above, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
17. Company Details
Ability Software International Ltd
Registered in England and Wales with Company Registration Number 512 1765