Terms

SOFTMALL CONSUMER TERMS & CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website softmall.co.uk (our site) to you.  These terms and conditions only apply if you are buying as a consumer.

Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  You should print a copy of these terms and conditions for future reference.

Please tick the box marked “I agree to the Softmall Terms and Conditions” at the end of ordering process if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Information about us

Softmall.co.uk is a site operated by SoftwareMall (UK) Limited (we).  We are registered in England and Wales under company number 11745237 and with our registered office at 211, Bexley Rd, London, DA8 3EU.

2. Service availability

Our site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.

3. Your status

By placing an order through our site, you warrant that:

• 1

you are legally capable of entering into binding contracts;

• 2

you are at least 18 years old;

• 3

you are resident in the United Kingdom (mainland only); and

• 4

you are accessing our site from the United Kingdom (mainland).

4. How the contract is formed between you and us

• 1

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.

• 2

The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.

• 3

Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.

5. Consumer rights

• 1

If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

• 2

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

• 3

You will not have any right to cancel a Contract for the supply of any of the following Products:

• 3.1

computer software which has been unsealed; and

• 3.2

consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products.

• 4

Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This provision does not affect your statutory rights.

• 5

If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.

6. Availability and delivery

• 1

Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.

• 2

Delivery will be made to the address specified in your order. Should you wish to change the delivery address after your order has been dispatched from us, a charge of £10 will be made (a redirection approval is subject to your order and account status).

• 3

Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.

• 4

There will be no delivery until clear funds have been received.

7. Risk and title

• 1

The Products will be at your risk from the time of delivery.

• 2

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. Price and payment

• 1

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

• 2

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information

• 3

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

• 4

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

• 5

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

• 6

Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo and Paypal. We shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

• 7

Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail. We will charge you an administration fee of £5 each time your bank is unable to process your payment.

9. Our refunds policy

• 1

When you return a Product to us:

• 1.1

because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided the goods have been returned us in the same condition as delivery. In this case, we will refund the price of the Product in full, including the cost of sending the item to you, up to our cheapest delivery method, we will not refund premium delivery surcharges. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit;

• 1.2

for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.

• 1.3

If you elect to return the defective Product to us using your own method of delivery, we will refund up to £3.50 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.

• 2

No non-faulty returns will not be accepted for electronic software downloads unless you inform us within 7 working days of receipt of the item and it can be proven that the license Key has not been viewed. For faulty product, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User License Agreement or it can be proven that the License Key has not been exposed. Softmall will replace any damaged or non-conforming Software Product Key upon receipt of the manufacturers confirmation that the item is faulty.

• 3

Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.

• 4

Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.

10. Our liability

• 1

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.

• 2

You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.

• 3

Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.

• 4

This does not include or limit in any way our liability:

• 4.1

for death or personal injury caused by our negligence;

• 4.2

under section 2(3) of the Consumer Protection Act 1987;

• 4.3

for fraud or fraudulent misrepresentation;

• 4.4

for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or

• 4.5

for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

• 5

We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:

• 5.1

loss of income or revenue;

• 5.2

loss of business;

• 5.3

loss of profits or contracts;

• 5.4

loss of anticipated savings;

• 5.5

loss of data;

• 5.6

loss of data, or

• 5.7

waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.6 inclusive of this clause 10.5.

11. Data Protection

• 1

Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy http://www.ebuyer.com/help/first-time-visitors

• 2

For your security, when ordering from us we only use Secure Socket Layer 3 (SSL3) technology, to ensure you cannot inadvertently place an order through an unsecured connection.

• 3

By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.

12. Protecting your security

• 1

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

• 2

By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

• 3

During security checks we may ask for additional information or documentation to help support the data you have supplied.

13. Import duty

• 1

If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

• 2

You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable for any breach by you of any such laws.

14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Notices

All notices given by you to us must be given to SoftwareMall  (UK) Limited at 114 Abercairn Road, Streatham, London, SW16 5AG. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of rights and obligations

• 1

The contract between you and us is binding on you and us and on our respective successors and assigns.

• 2

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

• 3

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. Events outside our control

• 1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

• 2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 2.1

strikes, lock-outs or other industrial action;

• 2.2

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• 2.3

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

• 2.4

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• 2.5

impossibility of the use of public or private telecommunications networks;

• 2.6

the acts, decrees, legislation, regulations or restrictions of any government.

• 3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. Waiver

• 1

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

• 2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

• 3

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

19. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

21. Our right to vary these terms and conditions

• 1

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

• 2

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

SoftwareMall Ltd

211, Bexley Rd, London, DA8 3EU