You will be asked to expressly agree to these terms of sale before ordering Products from the Site. Please read them carefully. If you do not agree to them, do not order any Products or Downloads from the Site.
(1) Definitions and interpretation
In this Agreement "we" means RSR Systems Ltd (and "us" and "our" shall be construed accordingly); and "you" means the relevant customer or potential customer as the case may be (and "your" shall be construed accordingly).
In this Agreement, the following definitions shall apply:
"Acknowledgement" means the email acknowledgement that ProTx or Roman Cart will send to you after you have paid for Products or Downloads from our Site;
"Agreement" means this agreement;
"Order"means your order for Products or Downloads made via the Site;
“Products” means products which may be purchased by you from the Site;
"Downloads" means downloadable Software which may be purchased by you from the Site;
"Site" means the website at www.simplypats.co.uk.
(2) This Agreement
The advertising of Products or Downloads on the Site constitutes an "invitation to treat"; and your Order for Products or Downloads constitutes a contractual offer. No contract comes into force between you and us unless and until you receive the Acknowledgement.
In order to enter into this Agreement with us, you will need to take the following steps: (i) add any of the Products or Downloads you wish to purchase to your shopping cart, and then proceed to the checkout; (iii) you must confirm your Order and your consent to the terms of this Agreement before proceeding to checkout; (iv) you will be transferred to the ProTx or Roman Cart website, and ProTx or Roman Cart will handle your payment; (v) ProTx or Roman Cart will send you the Acknowledgement; (vi) you will then be returned to the Site to download your Downloads if you have purchased Downloadable Products.
During the Order process, before you are transferred to the ProTx or Roman Cart website, you will have the opportunity of identifying whether you have made any input errors - and correcting those errors using the website interface.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
(3) Price, payment and Delivery of goods
Prices for Products or Downloads are quoted on the Site. The Site contains a number of Products or Downloads and it is always possible that some of the Products or Downloads listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a correct price will be stated when you pay for the Product or Download.
Payment must be made in advance.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products or Downloads must be made by ProTx or Roman Cart.
Prices for Products or Downloads are liable to change at any time, but changes will not affect Agreements which have come into force.
Delivery of goods will normally be made within 3 to 5 days and all UK Mainland Orders are sent using Royal Mail 1st class post. We can not guarentee delivery within this time scale where the postal service has been interupted due to factors out of our control.
For customers not wishing to wait for delivery or where the postal service has been interupted, we can offer a digital download for software products, please contact us for more information.
Customers ordering goods from outside of the UK should expect longer delivery times depending on geographical location and local postal service.
(4) You must not publish, offer for sale or distribute any Downloads.
(5) You may make a backup onto CD or save a copy of any Downloads for archive purposes.
(6) Consumer rights
If you enter into this Agreement as a consumer, you may cancel this Agreement by sending us written notice of cancellation at any time within 7 working days after the day you received the Acknowledgement, providing that you have not at the time of cancellation downloaded any of the relevant Downloads
If you cancel this Agreement on this basis, the amount(s) paid in respect of the Download(s) will be refunded in full.
or in the case of Retail Boxed Software Products;
(6.1) You have not broken the Security Seal on the Box or Packaging containing the CD or medium on which the software has been distributed.
(6.2) You have not installed or Licenced the Software.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you via ProTx or Roman Cart. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; the information provided in the Order is accurate.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to Products or Downloads, whether express or implied.
(8) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Products or Downloads purchased through our site is strictly limited to the purchase price of the relevant Product or Download; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(9) General terms
Images of Products or Downloads on the Site may be illustrative only; actual Products or Downloads may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
28th nov 2012